what lawyer to contact if a police file false police report

Full Answer

What is the punishment for filing a false police report in New Jersey?

A fine up to $10,000 can also be imposed. For the disorderly person's version of the offense, the possibility of facing up to six months in jail exists. In most cases, due to the presumption against incarceration for first-time offenders, a jail term will not be ordered.

What is the penalty for filing a false police report in New York?

It is critically important to recognize that Falsely Reporting an Incident can either be charged as a misdemeanor or a felony. As such, it is punishable by up to one year in jail and as much as up to seven years in state prison.

Is filing a false police report a felony in North Carolina?

False reports to law enforcement agencies or officers can be a Misdemeanor or a Felony charge depending on the facts and circumstances of the offense. Under North Carolina Criminal Law 14-277(a), filing a False Police Report is a Class 2 Misdemeanor, which carries a maximum punishment of up to 60 days in jail.

Is filing a false police report a felony in Georgia?

A person convicted of false report of a crime in Georgia will be charged with a misdemeanor. In Georgia, misdemeanor charges carry up to $1,000 in fines or up to one year in jail or both.

Can you press charges against someone for making false accusations in New York?

New York State Penal Code Being charged with making a false statement is covered under New York State Penal Law §210.45, which states that it can be a Class A misdemeanor. The sentence for this could be up to year in jail, a fine, and three years of probation.

What is a false written statement?

A person is guilty of making a punishable false written statement when. he knowingly makes a false statement, which he does not believe to be. true, in a written instrument bearing a legally authorized form notice.

Can I sue for false accusations?

You could sue them for libel or slander. Technically these crimes are torts rather than criminal offences so an arrest wouldn't occur.

Can you press charges against someone for making false accusations to CPS in NC?

In North Carolina, those who are falsely accused can file a lawsuit against the false accuser. Falsely accused individuals can file a civil defamation lawsuit or a malicious prosecution lawsuit.

How do I press charges for false CPS report in NC?

You should bring the matter(s) to the local police and ask that they investigate, seek charges from the county prosecutor for filing a false report. The county prosecutor and CPS (Child Protective Services) take the filing of false reports very...

Can I sue the county for false charges Georgia?

If you were unlawfully imprisoned or detained, you may be able to pursue a false imprisonment lawsuit. This type of civil lawsuit can help you to recover compensation for the damages that you suffered. Being detained based on false charges might amount to false imprisonment.

What is a false police report Georgia?

False report of a crime. A person who willfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this state is guilty of a misdemeanor. Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information.

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...

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, ...

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.

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 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 ...

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

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, and the consequences of the report (i.e. an innocent person being taken into custody as a result).

Is a false police report a felony?

Filing a false police report is a crime and can be charged as a misdemeanor or a felony. If you decide to call the police and file a report of a fake crime against someone else, it will be considered a false police report.

Is a false bomb threat a felony in Michigan?

Filing a false report of terrorism (including reports of bomb threats) is charged as a serious felony under most state laws. Michigan law, for example, imposes a prison sentence of up to 20 years for such false reports. Federal code also addresses this ( 18 U.S.C. Section 35, but in a more general manner).

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 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.

Is a falsehood by omission misleading?

A falsehood by omission leaves out important information. It’s technically true but misleading. For example, someone might claim their neighbor was driving and hit their mailbox. However, this person neglects to tell the police that the road was icy and the neighbor lost control of the vehicle.

What is a False Report?

A False report is when an individual or a police officer gives a report of an incident that is not 100% accurate. For example, if an officer writes in his report that you had drugs in your pocket, but you did not have any drugs on your person, that is false reporting.

False Arrest

A false arrest typically precedes a false police report. By definition, a false arrest prevents an individual from exercising their liberties that are outlined in the constitution. Three things are typical for an arrest:

Penal Code 118.1

Once you have realized that there is a discrepancy in the police report, penal code 118.1 will be the way to defend your rights. A good criminal defense lawyer will investigate this code and file a motion if it is appropriate. PC 118.1 states:

What Penalties will an officer face?

If an officer is found guilty of false reporting, it can either be a misdemeanor or a felony. If they are found guilty of a misdemeanor, they can end up in jail for a maximum of one year or they can be put on misdemeanor probation.

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 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.

What happens if you are charged with a false report?

If you are charged and the charge is dismissed, you may have a civil suit against the person who made the false report. Report Abuse. Report Abuse.

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 happens if a cop makes a false statement?

What happens when an officer gets caught making false statements in his/her police report? For starters, the cop will likely face disciplinary action from the department. This could range from a warning, to suspension, to termination and loss of pension benefits. There’s also the possibility of criminal prosecution.

Do police officers lie in court?

But we all know that police sometimes lie. They lie in their crime reports. They lie on the witness stand in court.

Can a police officer file a false report if they are not under oath?

Even if the report is not under oath, the D.A. could still file charges under Penal Code 118.1 – police officers filing false reports. This section makes it a crime for a police officer to make a false statement about a criminal matter in any police report, regardless of whether the report is submitted under oath.

Can a police officer be charged with a misdemeanor?

Under the California crime of Penal Code 118.1 – police officers filing false reports, can be filed as a misdemeanor or a felony, and a conviction carries up to three years in state prison. It’s true that prosecutors rarely file criminal charges against police officers for misconduct in the line of duty.

Can a D.A. file perjury charges?

There’s also the possibility of criminal prosecution. If the officer lies under oath at a proceeding, or lies under oath in a sworn police report, the D.A could file perjury charges. Perjury is a felony in California and carries up to four years state prison. Even if the report is not under oath, the D.A.

Peter John Marek

Filing a false police report is a criminal offense in most (if not all) states. Of course, proving that the report was false is another matter. You could contact the police and explain that you believe a false report was made. Be prepared to provide witness information to corroborate your version of events.

Jay Scott Finnecy

police reports are not admissible in evidence in illinois. all a report is is that someone said something to a cop and the cop wrote it down. rather than battle over reports, get a divorce lawyer to file something for you in family court such as an order of protection or something else. take all your court papers to a lawyer for real advice.

Gary L. Schlesinger

Consult with and hire an attorney who can protect you. And get on the offensive with the violations of your parenting Agreement.