The District Attorney's Office provides copies of police reports, recordings and photographs to defendants (persons charged with crimes) if they are pro-per status with the court and/or to their attorneys of record after a complaint has been filed with the court and there is a court date for appearance scheduled. For cases that have been rejected for filing, the arresting agency will provide the report for a fee. For cases that have been adjudicated, you may get a copy of the report from the court for a fee.
If you are a victim in a case, you will need to contact the arresting agency or the court (if a complaint has been filed) for a copy of the report. Any other person wanting a copy of a report, if that report has been filed with the court may request it from the court where the documents are usually a matter of public record. However, if you are the victim of a juvenile matter, you need to view the pdf. file link at the end of this document for obtaining a police report
If you are a defendant (person charged) in a misdemeanor case, and you have entered a plea at arraignment and you are representing yourself (pro-per status) in the matter, you may come to our main office located at 70 West Hedding Street, West Wing (first floor) in San Jose or any of our branch offices and fill out a request. Be prepared to show a picture I.D. Our office will review the request and search our records to make sure that we have the materials to release. Please note that only misdemeanor cases with pending court dates and pro-per status entered with the court, will be released. There is a ten (10) day processing period and the cost is $6.00. The reports can then be mailed or picked up at the office in person. If you are a defendant (person charged) in a felony case, the reports will be provided at the time of arraignment in court to the attorney of record or you if you are pro-per status with the court. If there is a warrant pending for the defendants arrest, it must be cleared before the report will be available.
Attorney of record process:
For misdemeanor reports, the request may be faxed, mailed or filled out in person at our main office located at 70 West Hedding Street, West Wing (first floor) in San Jose or any of our branch offices. There is no charge to attorneys for initial discovery and it is normally provided on the same day. Felony discovery will be provided in court at the time of arraignment to the attorney of record by the court. Requests for tapes (audio/video), CD's, DVD's, photos or additional reports will need to be made in writing and given to the Deputy District Attorney assigned to the case.
Please note the following:
No legal advice or specific legal referrals will be given out persuant to CA Business and Professions Code Section 6131. You may contact the Santa Clara County Bar Association for legal referrals at (408) 971-6822 or if you are unable to pay for assistance, visit on line www.LawHelpCA.org
If you are a defendant in a case and you are represented by an attorney (includes public defender), pursuant to Rule 2-100 of the CA Rules of Professional Conduct, ethically we are unable to communicate directly or indirectly with you about your criminal case, unless we have your attorney's consent. You should have your attorney contact our office.
For More Information Please Contact:
Phone: (650) 324-6400
District Attorney Santa Clara County - Main Office Discovery Unit
70 West Hedding Street, West Wing
San Jose, CA 95110
Phone: (408) 792-2510
Fax: (408) 294-2481