lawyer who deal with false police reports

If you were charged with filing a false police report, then you should immediately consult with a skilled and knowledgeable criminal defense attorney. An experienced criminal defense attorney can help you identify any legal defenses available based on the specifics of your case, as well as represent you in court as needed.

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What to do if a police officer wrote a false report?

If you were charged with filing a false police report, then you should immediately consult with a skilled and knowledgeable criminal defense attorney . An experienced criminal defense attorney can help you identify any legal defenses available based on the specifics of your case, as well as represent you in court as needed.

What to do if someone files false harassment charges against you?

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What is the crime of making a false report?

Our records speak for itself and past clients with San Diego false report charges can attest to the high-quality legal service that we offer at McElfresh …

What happens if you give a false name to the police?

Dec 10, 2019 · If you or someone you know were charged with a crime in your city or had to pay a fine as a result of an officer writing a false report, you need to contact a police brutality lawyer who can help you report the act of misconduct. It can be rather overwhelming to find and retain an attorney, so rather than take on that burden, why not let USAttorneys.com assist you.

What Are The Elements of Filing A False Police Report?

If you are charged with the crime of filing a false police report, the prosecutor will have the burden to prove beyond a reasonable doubt that your...

What Can Happen If I Am Found Guilty of Filing A False Police Report?

Depending on the jurisdiction that you are in, the crime of filing a false police report can result in misdemeanor or felony charges if convicted....

If Charged With Filing A False Police Report, What Are My Defenses?

As always, you may have defenses to argue if you are charged with filing a false police report. Whether these defense work will depend on the parti...

Do I Need to Contact An Attorney?

If you are charged with filing a false police report, you should contact a local criminal defense attorney. Your criminal attorney can review your...

What happens if you make a false report?

Making a false report can have serious consequences for the individual against whom you made the report. This and the waste of resources to investigate a crime that did not occur is the basis for the penalties associated with this offense.

What is a false report?

Making a false report, relates to alerting authorities of a misdemeanor or felony crime, knowing that the details of the incident are incorrect or the incident itself did not occur. For the crime of making a false report, the account can be given to a police officer, prosecutor, grand jury, or a 911 operator. ...

Why is it important to make false reports?

Making A False Report. The police are mandated to serve and protect the public and with limited resources and plenty of crimes to pursue, the government considers making false reports to be a serious waste of public resources.

What is the importance of a criminal record?

Of utmost importance is your criminal record, the motive for making the report and the consequences of your report. The judge will hear arguments from the prosecution and it would be prudent that you have an attorney to represent you at a sentencing hearing.

Why is it important to speak with a lawyer before a trial?

Mistaken identity. It is important to speak with your lawyer to facilitate the necessary pre-trial investigation and preparation. While it is up to the prosecution to prove that you are guilty, having a sound defense is more beneficial than none at all.

Is it illegal to make false statements in California?

Additionally, the act is also illegal if during an investigation you gave false statements in relation to a crime. The offense of making a false report is class ified as a misdemeanor under California laws.

Is it bad to be convicted of a false report in San Diego?

Facing San Diego false report charges can be frightening, especially if it is your first encounter with the law. However, being convicted is even worse, so hiring a lawyer from the beginning is critical to proving your innocence and beating the charges.

Why are false reports against police officers important?

Police officers who write false reports could face disciplinary action and can even be criminally charged when the proper action is taken to combat their act of misconduct. Police officers serve a very important role in our communities. They protect and serve and help maintain order.

Why do police write false police reports?

Aside from making an arrest with little to no evidence, officers are sometimes guilty of writing false police reports to conceal their acts of misconduct or fabricating evidence just so they can take an innocent person to jail. If you were arrested or jailed because a police officer in your city wrote a false police report, ...

What are the most common types of Constitutional violations?

One of the most common types of Constitutional violations that police brutality lawyers and the Department of Justice ( DOJ) investigate stem from false arrests. When a person is arrested and there isn’t substantial evidence that gives an officer a reason to believe that individual is guilty of committing a crime, ...

What to do if you are charged with a crime?

If you or someone you know were charged with a crime in your city or had to pay a fine as a result of an officer writing a false report, you need to contact a police brutality lawyer who can help you report the act of misconduct. It can be rather overwhelming to find and retain an attorney, so rather than take on that burden, ...

What happens when a police officer abuses their power?

But, when a police officer abuses their power and violates the Constitutional rights of those they come in contact with, they only widen the gap that exists between the community and its police officers.

Can you sue a police officer for obstruction of justice?

Not only do you have the right to file a complaint with the DOJ which can then prosecute the officers who are guilty of obstruction of justice, but you can sue the police officer and/or their department for monetary relief.

What is false arrest?

A false arrest, sometimes called unlawful detainment, is the act of confining someone without probable cause or legal justification. In the case of police officers, probable cause is present when they observe evidence that a crime has been committed, or when they have been issued a warrant in connection with an ongoing investigation.

What is probable cause?

Probable cause is a reasonable belief that a crime has occurred, and that the person detained has committed the crime. This is established by the police officer’s observations, circumstantial evidence, or through other evidence collected.

Can you get damages in civil suit?

You can receive any type of damages allowed in civil suits in your jurisdiction. This includes for medical expenses, lost wages, pain and suffering, defamation or embarrassment, and punitive damages. Remember, law enforcement may have limited immunity so that can impact the type and amount of damages you may be awarded.

Can you be arrested based on probable cause?

While law enforcement does not have absolute arrest power, it is presumed to have the authority to arrest you based on probable cause.

What is the purpose of making a false police report?

It involves intentionally feeding the police incorrect information, usually for one of two purposes: to shield themselves from police scrutiny for a crime they committed, or to implicate an innocent person for a crime as personal revenge. The types of false information given may include:

How long can you go to jail for a false report?

As a misdemeanor, a person convicted faces up to six months in county jail. However, if you make a false report of a stolen vehicle, you can be charged with a felony. Likewise, if the false police report is made in order to file an insurance claim, it is considered insurance fraud, which is prosecuted as a felony.

What are the types of false information given?

The types of false information given may include: Reporting a crime that did not occur. Using a false name. Giving false information about the crime. Falsely reporting some type of theft or damage. Deliberately exaggerating the value of items stolen. Read More: Penalty for Filing a False Police Report.

What is the law on defamation?

Remember that defamation law focuses on injuries to reputation. That means you have to prove that your reputation was hurt by the statement. If you lost your job, lost friends or the good opinion of family or neighbors, you may have a good defamation case.

Can you sue someone for defamation of character?

Defamation of Character. If someone files a false police report about you, you may be able to sue for monetary damages for defamation of character. You must prove that the report was false, since truth is a complete defense. You also have to prove that the person knew it was false when it was made. Finally, you have to show ...

Can a false police report be a felony?

The person making an intentionally false police report can be charged criminally. Depending on the jurisdiction and the facts of the situation, it can be a misdemeanor or a felony.

Can you sue someone for false police reports?

A person making a false police report can be charged with a misdemeanor or a felony in most states. And if the report targets you and damages your reputation, you can sue the person for defamation of character.

What is the defense to making a false statement to the police?

Essentially, the defense strategy is to argue that you believed the statement that you made to law enforcement officers was true. If there is no evidence to prove that you intentionally falsified information given to ...

What happens when you give false information to police?

However, when people give false information to law enforcement then they hinder the progress of the investigation. Further, when a person makes a false police report and/or statement to police about an alleged crime committed by an innocent person, they are impeding on the life, liberty and freedom of the accused.

What was Andrea Sneiderman convicted of?

Andrea Sneiderman who was allegedly her boss’ mistress was convicted of one count of hindering the apprehension of a criminal , one count of concealment of material facts, three counts of making false statements, and four counts of perjury. Sneiderman made false statements to law enforcement officers, perjured herself and hindered ...

What is the penalty for false birth date in Georgia?

§ 16-10-25, a person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birthdate is guilty of a misdemeanor. Misdemeanor charges come with a penalty of a $1,000 fine, one year in jail, or both.

What happens if you give a false name?

If you have been charged with giving a false name, a possible defense would be to argue that you mistakenly or unintentionally provided the wrong information to law enforcement officers. Further, if you have been charged with making a false statement to the police or reporting a false crime, the best strategy is to negate the elements of the charge.

What is a false name?

Giving a false name, making a false police report and making a false statement to the police are all related offenses that obstruct the public administration of justice. Therefore, they are crimes that can have serious consequences on your life.

What did the police officers see in the car?

Upon approaching the parked car, the officers saw an open container of alcohol, a can of beer on the console next to defendant who was seated in the driver’s seat. The officers identified themselves as police officers and asked defendant to step out of the vehicle. When asked his name, defendant replied that he was “Mark Grimes.”.

When do you file a false police report?

A person files a false police report when they knowingly make false statements to the police. In other words, they know the statements are false when they make them. It is not enough that they are simply wrong about the details. If you suspect that a police report contains false information, then you should find evidence ...

What to do if someone lied on a police report?

Document your injury. If someone lied on a police report, then the prosecutor might choose to prosecute them for a felony or a misdemeanor. However, you can also bring a civil lawsuit if the lies harmed you. You should document any injury.

What are the causes of action?

These are called “causes of action.”. Two of the more common are defamation and intentional infliction of emotional distress. You might also be able to sue the prosecutor for malicious prosecution. Defamation is a false statement that injures a person’s reputation.

What is a false statement that injures a person's reputation?

Defamation is a false statement that injures a person’s reputation. The false statement must have been “published” (i.e., disclosed to another person) and the person making the statement can’t have had a privilege to make it (such as while testifying in court).

How to find address on police report?

Contact the police. Gather your evidence and then contact the police. You want to make sure that they understand that the police report contains false information. You can find the address on the police report or by searching online.

How to start a civil lawsuit?

Meet with a lawyer. If you are thinking about bringing a civil lawsuit, then you should meet with a qualified lawyer. Only a lawyer can give you advice based on your particular circumstances. Your lawyer can advise whether it is worthwhile to sue and what evidence you will need.

How to get a police report?

You need to actually read the police report. Obtain a copy and read it carefully, highlighting any information you believe is false. You can generally obtain a police report by stopping into the police station and requesting a copy.

What is it called when you make a false statement to police?

Making an intentionally false statement in response to a law enforcement question about an investigation is a crime often referred to as “misprision.”. When considering whether to make a report, remember that you do not have to be certain that a crime has been committed or will be committed.

Who is required to report child abuse?

Child Abuse. Every state requires certain groups of professionals to report child abuse. Most commonly, people who work in health care, education, and child care are among those required to make a report of suspected child abuse to local authorities. Some states require all citizens to report cases of suspected child abuse.

What is mandatory reporting?

Further, depending on your job, you may, as an employee , have an obligation to report certain work-related suspicious activity to a government agency or the police. These duties are commonly called “mandatory reporting requirements.”.

Why is not requiring intervention or reporting important?

The reason for not requiring intervention or reporting is to leave policing to the professionals and to avoid turning all citizens into informants. For example, imagine taking a walk in the park on your day off. You see a masked man running toward you with a purse in his hand. He’s being chased by an elderly woman.

What happens if you tell the police the getaway car is red?

If you tell the police the getaway car was red, but the next day you remember it was white, that’s an honest mistake. While it’s alright to make an honest mistake in describing what you saw, you should not intentionally mislead the authorities. Providing a false report to the police is itself a crime.

Why do governments enact laws?

Governments typically enact such laws to protect persons who may be particularly vulnerable, such as children, the disabled, and the elderly. And some professionals have mandatory reporting requirements even where no vulnerable victims are involved.

What does "if you see something, say something" mean?

Along the same lines, while you have likely seen many posters with the slogan “If you see something, say something,” all the police can do, in most cases, is ask the public to make reports and hope that they do.