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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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Experience:  30 years of experience
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I am filing Pro Se for Superior Court appeal on a Dangerous

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I am filing Pro Se for Superior Court appeal on a Dangerous Dog conviction. I was told by the police when this incident first happened that I was not able to receive a copy of the police report due to an ongoing criminal investigation. Now that there is an appeal to the Superior Court and I am defending myself can I request it somehow so I can have the "evidence" that supposedly was stated in there to use for my briefs?

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You should have been provided a copy of the police report as part of the discovery process during the trial portion of this matter. The denial of the record, when properly requested, may be a another basis for your appeal to Superior Court. In that regard you would assert you were denied "Due Process" by being denied the report you requested.

At this time you may still subpoena the record from the police department - BUT you are in a more difficult position because the Superior Court does not "Hear" new evidence, but rather bases their decision on the record that has already been created. Therefore, it is important to persuade the Superior Court that if they do not correct the lower decision in your favor, that they should at least remand the matter back so that the evidence denied you previously can be considered.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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