Texas law makes it tougher than you might think. Believe it or not it could be the middle of trial before you're allowed to see it! But don't worry, in Texas state courts it rarely, if ever, happens that way regardless if it's DWI, theft, assault, drugs or whatever.
Two quick points -- lawyers look at police reports the same way doctors look at x-rays. We key in on things you may not notice because they'll have legal significance. If you don't already have a lawyer -- consider one. Second, this discussion isn't for traffic tickets and municipal fines in Texas though some of the same rules may apply.
Police departments don't have to give you the report in a criminal case unlike a civil car accident. Texas Government Code 522.108 is an exception to the Texas Public Information Act for law enforcement in criminal matters.
Many prosecuting agencies like Dallas and Ft. Worth have "open file" policies meaning the defense attorney has access to the entire file. Collin County has more restrictive policies but the lawyer can usually view the report in advance of the trial.
And you do have rights in all this. The Texas Code of Criminal Procedure Art. 39.14 provides that if you show "good cause" to the Court, the Court can order the prosecution to produce a whole laundry list of items from their file prior to trial. The prosecutor has legal an ethical duties to produce favorable evidence to you. Brady is generally any evidence which is exculpatory (proves innocence) or which is favorable to the defendant -- though the issue is complex.
Again, without legal training and experience as a legal practitioner -- getting your hands on a police report can be useless. If the case is serious enough for you to want a police report, it's probably serious enough for you to get a lawyer!
Jeremy F. Rosenthal, Esq.
(972) 562-7549
www.ndlaw.com
*Jeremy Rosenthal is an attorney licensed in the State of Texas. Nothing in this article should be considered legal advice. For legal advice you should consult an attorney.
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