If you have been charged with a crime in California and believe that an officer arresting you engaged in misconduct, it may help your defense to prove the misconduct. Police officer misconduct can include:
- Excessive Force
- Racial Profiling
To help you gather information to support your claim of misconduct, you can file a Pitchess Motion.
What Is a Pitchess Motion?
A pitchess motion allows a defendant in a criminal case to request records about a police officer’s background and conduct on the job that may be relevant to the defendant’s defense.
If the motion is granted, the judge will order that the public agency responsible for the officer turn over any information relevant to your defense about the officer involving:
- Use of force incidents
- Allegations of excessive force
- Citizen complaints
- Background check information
How Do I File a Pitchess Motion?
Pitchess motions must be filed in writing and should include a statement supporting your need for the evidence and how it will help your defense. An experienced criminal attorney can best help you prepare the motion with all of the necessary components and file it with the court to ensure you have the best defense possible.