police report with false statements what kind of lawyer

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 happens if I’m charged with filing a false police 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.

Can I tell the police that certain statements in a police report?

Dec 12, 2018 · 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. Federal law can be even tougher.

How do I find the address of a false police report?

If you or a loved one have been charged with giving a false report of a crime, contact our offices today. Our Georgia False Statement to Police Attorneys have over 50 years of criminal experience and have handled all types of cases. They are here to give you advice and help you reach a favorable outcome in your case. Don't delay, contact our offices today. Georgia Law O.C.G.A. …

What happens if the defendant makes a false statement in court?

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.

How do you defend yourself against false accusations?

How to Defend Yourself Against False AccusationsStay Calm. ... Hire an Attorney to Help You Fight Back. ... Gather Evidence. ... Challenge the Accuser's Credibility. ... Find Your Own Witnesses and Present Evidence of Your Side of the Story. ... Develop a Strategy in Criminal Defense Cases.More items...

What is a false statement Legal?

Perjury is a criminal charge. It is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any sworn statements in writing (Black, 1990).

What are examples of false statement?

Examples of false statements James got an F after his teacher pointed out why that statement was false. James did not know that sea otters were in fact mammals because he heard that sea otters were fish from his older brother John, a marine biologist.

How do you prove a false statement?

"To prove a false statement in violation of 18 U.S.C. § 1001, the government must show that the defendant: (1) knowingly and willfully, (2) made a statement, (3) in relation to a matter within the jurisdiction of a department or agency of the United States, (4) with knowledge of its falsity." United States v.

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 file a false police report?

If you file a false police report, there's a very good chance that you could be held liable for defamation, intentional infliction of emotional distress, or other damages directly resulting from your actions.

What does it mean when a police report is false?

Filing a False Police Report: Elements of the Crime. If you file a police report that turns out to be inaccurate or even completely false, it doesn't necessarily mean a crime has been committed. A person's memory may be unreliable, or they may have relied on false information when filing the report. But the bottom line is that the individual must ...

What happens if a police report is inaccurate?

If you file a police report that turns out to be inaccurate or even completely false, it doesn't necessarily mean a crime has been committed. A person's memory may be unreliable, or they may have relied on false information when filing the report. But the bottom line is that the individual must have known the report was false when filing it in order to be charged with a crime. Thus, the elements of the crime are as follows: 1 The defendant filed a report with a peace officer (may include district attorneys, attorneys general, etc.); and 2 The defendant knew (or had reason to believe) the report was false.

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

Under California law, a conviction can land you in a county jail for up to six months, in addition to fines, possible probation, counseling, and/or community service. But judges have some discretion with sentencing and will likely consider such factors as the defendant's criminal history, a motive for making the false report, ...

What are the elements of a crime?

Thus, the elements of the crime are as follows: The defendant filed a report with a peace officer (may include district attorneys, attorneys general, etc.); and. The defendant knew (or had reason to believe) the report was false. Depending on the jurisdiction and the details of the case, the prosecutor also may be required to prove ...

What happens if someone files a false police report?

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.

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.

Is false police report 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. Federal law can be even tougher. For example, filing a false police report about terrorist activity is a felony under federal law. A false report involving terrorism can trigger a sentence ...

Is a misdemeanor a felony?

Depending on the jurisdiction and the facts of the situation, it can be a misdemeanor or a felony. For example, in California, it is a misdemeanor to make a false report of a committed crime, whether misdemeanor or felony, to the police, prosecutor, grand jury or 911 operator. As a misdemeanor, a person convicted faces up to six months in county ...

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.

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.

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.

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?

A person will be guilty of making a false statement when they knowingly and willfully falsify, conceal, or cover up by any trick, scheme, or device a material fact; make a false, fictitious, or fraudulent statement or representation in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state.

What is the defense of a suspect who left out an important detail?

Accident: If a suspect mistakenly left out an important detail or accidentally misinterpreted the situation, that could be a defense. False statements require that the defendant knowingly and willingly falsifies information. Therefore, if there is no evidence that it was done intentionally, then they cannot be guilty of the 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, ...

Why are police officers important?

Police officers serve a very important role in our communities. They protect and serve and help maintain order. 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.

Lain Aaron Lawrence

The police can put what they want in the report, but they will need to back it up. What they say will not be as important as what your roommate testifies about. It sounds like that might be a problem. Given the length of your questions and case, I would recommend you contacting an attorney.#N#More

Stephen Clark Harkess

You need an attorney. If that's the only evidence they have, then the case is likely to be dismissed before trial. I suspect they also have the testimony of the alleged victim, but if he claimed to have a video and the prosecution cannot produce it then their credibility is likely to be questioned by the jury.

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. ...

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 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.

Is false reporting a crime a crime in California?

Accordingly, it is a criminal offense under California Penal Code 148.5 to falsely report a crime.

What happens if you file a false police report?

If they only filed a false police report, you only recourse is to file your own report. The point is that I think you are saying that you have NOT been charged with a criminal offense.

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

If they believe you they can arrest the individual since knowingly filing a false police report is a class A misdemeanor punishable by up to 1 year in jail.

Can you sue a police officer for false police reports?

You can sue him civilly for defamation and other damages. If you have proof that the claim is false, show the proof to the police or the District Attorney. If they believe you they can arrest the individual since knowingly filing a false police report is a class A misdemeanor punishable by up to 1 year in jail.

What are the consequences of false statements?

Here are four consequences of false statements and deliberate omissions: 1. Evidence suppression and case dismissal. The first consequence of false statements and material omissions in warrant affidavits involves evidence suppression and the dismissal of criminal cases. The United States Supreme Court [4] has ruled that the veracity ...

What happens if an officer lied in a sworn affidavit?

Moreover, once a department disciplinary investigation results in an official finding that an officer lied in a sworn affidavit, that officer may be prohibited by prosecutors from ever testifying in future criminal cases. The officer’s name may also be added to the prosecutor’s “do not call for testimony” list. Even if an officer with a departmental finding of lack of candor in his/her personnel file is not terminated, the officer’s career as an effective police officer will be seriously curtailed.

How many officers were killed in the Houston shooting?

During the gunfight, four officers were shot and wounded and two occupants of the residence were killed. According to a separate article in Reason.com, two Houston officers involved in the incident have retired and the Houston Chief said the one of them is likely to face criminal charges.

Who is Carlos Luna?

Carlos Luna, a Boston Police Department (BPD) Detective, obtained a search warrant for a residence based upon his sworn affidavit. Luna’s affidavit claimed he received information from an informant that illegal drug activity was occurring at that residence. Luna and other officers went to the residence to execute the warrant.

How long was Momodu Gondo in jail?

Attorney’s Office for the District of Maryland on 2/12/19, a federal judge sentenced former Baltimore Police detective Momodu Gondo to 10 years in federal prison. Gondo was a member of the Baltimore Police Department (BPD) Gun Trace Task Force (GTTF). The news release reports that, “According ...

Who was Albert Lewin?

Albert Lewin was charged with murder of the officer. During legal proceedings that followed, Lewin’s lawyer moved for disclosure of Luna’s confidential informant. The judge granted the motion, but the prosecution was unable to produce the informant. As a result, the trial judge dismissed the Lewin indictment.

What did Gondo do?

The news release reports that, “According to his plea agreement, Gondo conspired to steal money, property, and narcotics by detaining victims, entering residences, conducting traffic stops, and swearing out false search warrant affidavits.”.