Q. I'm looking to submit a Freedom of Information Law request to a district attorney’s office in New York for my brother, who is incarcerated. Can I request a records of plea offers that were offered throughout his case? Are plea offers documented, and where can I obtain such records?
A. If you wish to submit a request on behalf of your brother, you will need to obtain his express written consent, for example, a notarized document or signed under penalty of perjury. Without his written consent, your FOIL request will likely be denied on privacy grounds because the public at large is not entitled to access your brother's criminal-related files (including you). I do not know whether district attorney offices in New York routinely make their initial plea offers in writing or orally. I presume your brother could tell you whether he (or his attorney) ever saw a written plea offer.