Victim of Police Misconduct?
California DUIs are among the most common misdemeanor violations in the state. As a result, they are also subject to a wide array of police misconduct. Police frequently make DUI arrests that involve biased investigations, “Xeroxed” police reports, excessive force, exaggerated testimony, and even flat out lies.
But fortunately, there is relief. If you’ve been the victim of this type of police misconduct, it’s likely that someone else has as well. And your California criminal defense attorney can file what’s known as a Pitchess motion to find out if this is the case.
A California Pitchess motion is a request to obtain information contained in an officer’s personnel file. If the judge finds prior complaints, he/she will turn over the contact information of all those who have previously complained about the officer’s conduct.
Typically prior complaints will undermine an officer’s credibility…a major issue when it comes to a jury trial. In reality, such complaints will usually persuade the prosecutor to reduce or even dismiss your charge(s).
