New Jersey Criminal Defense Lawyer

MyNewJerseyDefenseLawyer

Call For A Free Legal Consultation

(888) 205-9314

  • Home
  • Criminal Charges
  • Court Process
  • About Us
    • Disclaimer Privacy Policy
  • Criminal Blog

Cops Can’t Throw Away Notes Says NJ High Court

April 28, 2011

Tweet

The New Jersey state Supreme Court ruled this past week that police officers cannot destroy notes taken throughout the course of an investigation, even after completing an official report. The reason is so that attorneys can have access to the initial observations of officers for use in the defense of their clients when accused of a crime.

In the past officers would discard initial notes, sometimes taken at crime scenes or when dealing with evidence. They would point to an unwritten “departmental policy” that said they were required to destroy such notes after the formal police report had been submitted. This will no longer be the case according to the recent ruling.

Not only are officers now required to hold onto the notes in case they are requested by an attorney, but they will be sanctioned if those notes are discarded. It isn’t clear what that penalty will be with the court only prescribing an “appropriate sanction” according to the Star-Ledger.

Police are concerned it’s making extra work and creating unnecessary paperwork when all of the pertinent information should be included in the final report. But for defense attorneys, being able to put their hands on these initial observations by police at the time criminal charges are issued and the arrest is made, could serve to assist them in the defense of criminal suspects.

Discrepancies between what is written in the notes and what is submitted in the final report could be cause to question the legitimacy and accuracy of the report or the officer’s version of events. In this manner, defendants would have a better opportunity for a favorable outcome.

Jon Shane, a professor at the reputable John Jay College of Criminal Justice states that it boils down to accountability. “It’s saying you can’t have policing in a half-hearted manner. It has to be in a systematic manner.”

The path of an investigation can be an extremely useful tool in building a defense when you are accused of a crime. Your attorney will want to know how the police and prosecutors developed the case and be able to examine evidence and evidence handling practices to ensure everything was done with respect to your Constitutional rights. This latest ruling makes that review process all the more thorough.

If you are facing charges, you want an attorney who will give your case the detailed and personalized attention it deserves. From reviewing the reports to analyzing the evidence, a criminal defense attorney should be willing to aggressively defend your good name in court. Contact me today to discuss how I can help you with your case.

Filed Under: criminal law Tagged With: evidence, police

Free Consultation

Contact us 24 hours a day for urgent matters on any criminal charge by calling:

(888) 205-9314


Receive our free legal defense consultation and case evaluation. We'll explain what you are facing in plain language, and tell you how we can help.

Criminal Offenses

  • Assault
  • Bad Checks / Credit Card Fraud / Forgery
  • Bail Jumping / Failure to Appear
  • Criminal Mischief
  • Disorderly Conduct
  • Domestic Violence
  • Driving While License Suspended
  • Drug Possession
  • Drug Possession – Marijuana
  • Drug Possession with Intent to Distribute
  • DWI Laws
  • DWI- Second or Greater Offense
  • Harassment/Stalking
  • Hit & Run / Leaving the Scene of an Accident
  • Probation Violation
  • Reckless Driving / Careless Driving
  • Sex Offenses
  • Theft
  • Violation of a Restraining Order
  • Weapons Offenses

Copyright © 2022 Get Lawyer Leads, Inc.