Shoplifting, Larceny, Robbery, Theft motion for discovery

[becca741]

My boyfriend was arrested in relation to identity theft. The state trooper told me that if it were up to him he would put my boyfriend in jail for the rest of his life. The troopers have called my relatives and neighbors and told them that he is a leader in an organized crime ring and a drug dealer; although, he has no drug cases pending. This does not seem right but I have been told that this is a common tactic within law enforcement to prejudice people against the individual accused. This however is not the source of my inquiry. I was curious if we have to wait until he is arraigned (we have no date yet) to file a motion for discovery or can I/we do that now to get access to police reports, witnesses against him and statements against interest? If I can, having no familiarity with the law, is there anything I need to know before filing these documents?

 

[zer0s0n5]

You don't need a motion for discovery to get the police records. Obviously you need to get an attorney.


If they have no proof of him being involved in these activities, then you should have the people that were told this to act as witness's on his behalf. It's hard to tell with-out knowing what the chargs were.

File a complaint aginst the department. Slander is a form of deframation, which is illegal. Especially if a known official is calling up friends, and family to do it. If he's out he should have a date for an arraignment. If not then I understand why he wouldn't. Seems like they trying to enforce the case gainst him. What was the actual incident that he was charged for (if you don't mind me asking)?

 

[becca741]

He was charged with theft in connection with a motorcyle bought in someone else's name. He was with the individual but was not inside the store at the time. The troopers admit that he was not in the store. The problem with people speaking in his behalf is that my neighbors will not speak against the police. My neighborhood is upscale and some people are city officials and such so...anyway, my boyfriend is black, 6'6, with a mouth full of diamonds and gold. This should not matter in the judicial system but unfortunately it does. We have been told that the officers went to the motorcycle shop and asked the clerk if my boyfriend (and his "accomplice"), along with their descriptions, were the ones who did it and the clerk agreed. I feel like this was leading the witnesses. I did bail my boyfriend out that day and we do not have an arraignment date. The troopers told me that they have sealed indictments that they will unseal in the next couple of months so I am anticipating more counts being added. I even called the bondsman yesterday and they said they have no date nor do they have an assigned judge yet. I feel like a proactive defense is necessary to ensure that we do not get "railroaded;" however, we do not have the funds to do this so I am doing all I can personally by researching and filing whatever paperwork I can myself.
The police also refused to show him a copy of the warrant. By filing a motion for discovery I get to view any deals made, right? To get access to police records, do I just go to the police department and request them? Any advice is appreciated and greatly needed.