QUESTION
What are the consequences for a false police report?
Asked on Sep 21st, 2012 on Criminal Law - California
More details to this question:
My boyfriend and I fought. It got physical, but not seriously so. He took off with my laptop. He told me he would return it but I filed a police report against him. He has a warrant for A+B and intimidating a witness (for breaking my cell phone) now. We have a one-year old daughter together. It really was a stupid fight and not worth him potentially going to jail for two and a half years. I am going to say I lied. I want to know what the consequences will be. I have no record. I had a skinned knee as evidence of the assault.
11 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If this is in California, it is a misdemeanor which could have a $1,000 fine plus penalties of $2,400 and up to one year in jail.
Answered on Jul 05th, 2013 at 5:53 AM
Leonard A. Kaanta
You can receive the same sentence as he would receive.
Answered on Jun 27th, 2013 at 1:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You MUST tell the truth, and no ethical attorney can advise you to do otherwise. You are being foolish, given the description of the boyfriends actions you would be better off having him in jail than near you. His consistent behavior has disqualified him. Get away now. If you "forgive" him you are giving him license to continue and repeat his actions at will. Are you, and your child, will to live in the circumstance?
Answered on Jun 27th, 2013 at 1:51 AM
A misdemeanor for filing a false police report.
Answered on Jun 27th, 2013 at 1:51 AM
Michael J. Breczinski
You can go to jail for a false police report. If you lie you can go to prison for perjury which is a felony.
Answered on Sep 27th, 2012 at 11:42 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Never, ever, ever lie to the police or the court. If you tell the cops you lied (if you actually did lie) it could be a misdemeanor and it will depend on the DA in your county as to whether it's filed against you. But if you told the cops the truth-well, you have to stick by the truth despite the consequences. BTW, I doubt your boyfriend will get 2 years. Probation and a fine more likely.
Answered on Sep 26th, 2012 at 11:39 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Sounds like there is plenty of evidence against your boyfriend even if you were to lie or not testify. Additionally, if you get on the stand an lie while under oath and are convicted of that, then you too could find yourself in jail.
Answered on Sep 24th, 2012 at 2:11 PM
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Get a lawyer to help you - the prosecutor will not believe you and will try to make it seem like you are trying to protect him. But with a lawyer, you can assert the fifth not to testify bc you would be admitting to a crime. Also If you have a lawyer, s/he can talk to the prosecutor to try to work out a deal for him
Answered on Sep 24th, 2012 at 11:25 AM
Dennis P. Mikko
Filing a false police report is a crime in itself. Since there is evidence of the A & B, the prosecutor could continue with the case even if you do not want to pursue it.
Answered on Sep 24th, 2012 at 10:10 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is probably a first degree misdemeanor and the punishment for that is up to one year in the county jail.
Answered on Sep 24th, 2012 at 10:10 AM
Michael Paul Vollandt
(1) some one may be persecuted based on the false report, (2) the person that made the false report could be prosecuted. Courts and DAs do not like that kind of conduct. You should consult with an attorney before your tell the police or DA that you lied to the police.
Answered on Sep 24th, 2012 at 10:07 AM