A common issue in defending CDV cases is learning that the police report contains false or misleading information. Sometimes it even seems that the police have gone as far as to actually lie or falsify their reports.
First, it is important to note that the police report is not legal evidence in your case. Police reports are simply the officer's official notes from their investigation. It is not necessary for them to prove, or for you to disprove, what is contained in their report.
Our CDV defense attorneys are experienced in defending clients where the police reports contain false, misleading or incomplete information. Examples include reports of injuries that didn't occur or taking down witness statements incorrectly.
False information contained in the report can often times turn into an advantage for someone charged with CDV. If it can be proven that the report contains false charges this is something that can either be used in negotiations with the prosecutor, or used to impeach the officer at trial. Impeach is a legal term that means to challenge the credibility of a witness. When the police are caught in a lie on the witness stand it can serve as a reason for the Court to return a not-guilty verdict.
The most important thing for you to do to assist in challenging a false police report is to hire an experienced criminal defense attorney for your case. Under no circumstance should you try to contact the police yourself to request a change to the report. This will not result in a dismissal of your charge, and if the officer corrects or amends his report it can make it harder to challenge the officer later in Court.
To assist our clients in defending a case with false information contained in the police report we act quickly to locate the necessary evidence to contradict it. Frequently it is important to locate and interview important witnesses early on in order to preserve their version of events.
At the Law Office of James R. Snell, Jr., LLC, our CDV defense attorneys include a review of the police report as part of every CDV defense case. If you are concerned about the contents of your police report contact us today for a free case evaluation.