Am I entitled to a copy of lab report concerning the marijuana seized from me? The police report states I had way more than I actually had. And would the false claim have anything to do with the outcome of the case?
Answer
Normally, you have that right through discovery meaning that the prosecutor has to give you copies of all police reports, lab reports, and evidence. If it is a misdemeanor, there is no right to discovery like there is for felonies. However, as a practical matter most prosecutors will give you copies if you have them. If not, you can always file for your own copy through a Freedom of Information Act (FOIA) request. It may take quite a while as the lab reports from the state police have been routinely taking several months and even as long as a year to come back.
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