If you live in California and you believe that there was police misconduct against you, you may be able to file for something known as a “Pitchess Motion.” Some of the most common forms of police misconduct include excessive force, untruthfulness, and racial profiling. What is a pitchess motion and how can it help you?
How and When to File
If you are the defendant in a California criminal case, you can file a pitchess motion to request records about a police officer’s background. The officer’s conduct on the job may be relevant to your case, which is why this process makes these records easily accessible. When your attorney believes that you are a victim of misconduct, they will file this motion as part of the pretrial process. If the motion is granted, the process can begin. The public agency that takes responsibility over the officer must hand over use of force incidents, allegations of excessive force, citizen complaints, and background check information.
If you believe that a pitchess motion will help you with your case, you should speak to your attorney. Your attorney will help you with the first steps in the process, which include filing the initial motion with the court to handle your case. They must also provide written notice of the motion to the agency that is handling the records. You must have “good cause” for the records to be released to you.
If you believe that a pitchess motion may be best for your case, you can give us a call to speak to us about your case. Police misconduct could make or break your case. Call us at The Law Office of Peter Blair for more information today.