QUESTION
What happens after I filed a false police report?
Asked on Mar 20th, 2012 on Criminal Law - Florida
More details to this question:
I filed a false police report saying my boyfriend hit me (he was already on probation for hitting me) because he cheated on me and the other girl and I got into a fight and she gave me a black eye, I was so mad at him I said it was him. If I tell the truth will I go to jail? and will he still be prosecuted?
33 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes.
Answered on May 30th, 2013 at 7:54 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Maybe.
Answered on May 30th, 2013 at 7:54 PM
Jacob P. Sartz
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. The alleged act of filing a false police report could result in criminal charges ranging from misdemeanors to felonies depending on the alleged conduct.
Answered on Jun 21st, 2012 at 11:10 AM
Lying to the police is a crime. You should not confess to a crime without first consulting an attorney.
Answered on Mar 26th, 2012 at 2:57 PM
It is a violation of the law to give false information to a police officer. A person doing this will generally be charged for this. Giving false information for a police report is considered serious. However, just because you are charged with this violation does not mean that your boyfriend charges will be dismissed.
Answered on Mar 26th, 2012 at 2:21 PM
Roianne Houlton Conner
You would be charged with a misdemeanor for making a false report.
Answered on Mar 26th, 2012 at 1:08 PM
Michael J. Breczinski
You could go to jail but if you are now saying that it was not him, then the charges would be dropped against him.
Answered on Mar 22nd, 2012 at 7:58 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You might get charged with filing a false report. Your boyfriend's case will probably get dismissed.
Answered on Mar 22nd, 2012 at 7:52 PM
Criminal Defense Attorney serving Norwalk, CA
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Law Offices of George Woodworth and Associates
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Quite possibly, he will be prosecuted. The police and D.A. are probably going to be skeptical of your new information in recanting your original story. They see this all the time, with spouses and girlfriends changing their stories to protect their spouse or boyfriend from jail etc. You should get your own attorney to represent you as you'll be making an admission to commission of a crime,"filing a false report," yourself.
Answered on Mar 22nd, 2012 at 7:42 PM
You may be liable for filing a false police report, however you also have the right to not incriminate yourself by testifying and you may invoke the right to remain silent. You should consult with an attorney regarding your rights and how you may be able to correct the false report and protect your boyfriend from a false charge.
Answered on Mar 22nd, 2012 at 7:21 PM
The sooner you come forward with the truth, the less likely it will be that you will face charges for filing a false police report.
Answered on Mar 22nd, 2012 at 7:18 PM
3 Awards
The truth will set you free. You could be prosecuted for filing a fake report, but if you don't tell, then your BF can go down for a crime he didn't commit. You need to hire an attorney to protect your interests.
Answered on Mar 22nd, 2012 at 9:43 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, you could be prosecuted and if convicted, yes, you could go to jail. You will also have a criminal record that you would have to disclose if asked by your employer.
Answered on Mar 22nd, 2012 at 9:36 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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You need to talk to a lawyer. Do not talk to police or anybody else.
Answered on Mar 22nd, 2012 at 9:31 AM
Gregory Graf
Get a lawyer and don't say another word. People retract their stories all the time in domestic violence cases. You don't have to talk to the police or prosecutor if you don't want to and they can't make you. If you tell them you have an attorney, they will have to talk to your attorney. The prosecution can however serve you a summons to make you show up for Court; go with your attorney. When they call you to testify you will exercise your 5th amendment right not to testify. At that point they either give you immunity or you don't testify. In a domestic violence case, they can't win without you. If they give you immunity, you can say you lied and your boyfriend will win he case.
Answered on Mar 22nd, 2012 at 9:21 AM
It is a crime to file a false police report. You may want to hire a lawyer to help you out of this jam. You may also want to contact your boyfriend's lawyer to tell his lawyer what really happened. You should know that anything you tell your boyfriend's lawyer could be used against you. That lawyer's job is to protect your boyfriend, not you. That's another reason why you may need your own lawyer to help you and in the process, maybe help your boyfriend.
Answered on Mar 22nd, 2012 at 7:33 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You shouldn't go to jail if you tell the truth. It is possible, but not likely. It is far more likely that he will go to jail if he was already on probation for the same thing. Get a lawyer asap and explain it to him/her. It sounds like you don't want him to go to jail and I can understand both that and your anger for him cheating. But get a lawyer to you can both avoid jail.
Answered on Mar 22nd, 2012 at 5:57 AM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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You probably will be charged with filing a false police report. If so you will probably be fined and possibly given a suspended jail sentence. If you recant your charge he probably won't be prosecuted since you're the victim.
Answered on Mar 22nd, 2012 at 5:38 AM
Criminal Law (Defense) Attorney serving Overland Park, KS
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Gigstad Law Office, LLC
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You could be charged for filing a false police report, in Kansas that is a Class A Misdemeanor. If you tell the prosecutor then it is likely the charges against your boyfriend will be dropped, but you do risk facing charges yourself.
Answered on Mar 22nd, 2012 at 5:24 AM
John Patrick Yetter
Filing a false police report can be a felony. You should consider hiring counsel to help you assert your 5th Amendment privilege, which may protect you and halt the prosecution against your boyfriend.
Answered on Mar 21st, 2012 at 6:23 PM
3 Awards
Get an attorney to help you plead the fifth and not testify at trial - you have committed a crime of false reporting and testifying to the truth will give the DA all the evidence he needs to convict you. He did not commit a crime, but the GF did.
Answered on Mar 21st, 2012 at 5:50 PM
Technically, you could be charged with filing a false report. Most likely the charges against him will be dismissed.
Answered on Mar 21st, 2012 at 5:29 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If they chose to do so, criminal charges can be filed against you. He will be prosecuted if the DA thinks he committed a crime, you said he did.
Answered on Mar 21st, 2012 at 5:15 PM
Bruce Arthur Plesser
Go to the prosecutor handling bf's case and tell them what you did. You'll probably be ok if you do the right thing.
Answered on Mar 21st, 2012 at 4:46 PM
Your best option is to hire an attorney You have a 5th amendment right to remain silent and anything you say can be used against you in a court of law. If you do not testify in your boyfriend's case there is no case against him and his case is likely to be dismissed. If you say anything; you could be prosecuted for filing a false report. You should hire an attorney. J
Answered on Mar 21st, 2012 at 4:36 PM
James Edward Smith
He'll still be prosecuted. They will just use your first statement to try to convict him if you change your statement.
Answered on Mar 21st, 2012 at 4:33 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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I have never yet seen the District Attorney prosecute a domestic violence witness who changed her story on the stand. They have the evidence - your testimony - that they need to get a conviction. They won't believe that you lied, and don't care. They want the conviction. Prosecuting you would be prosecuting their own witness. Perjury, on the other hand, which is lying under oath, is a felony, and much more serious than filing a false police report, which is just a misdemeanor, so you would be much, much better off telling the truth now, regardless of whatever false threats the Victim-Witness unit makes to you. \ I very highly doubt you would ever really be prosecuted. Also, and especially with a prior, the consequences to you, even if you were prosecuted, would be much, much less severe than to your boyfriend, who could be facing a felony. Shame on you, but at least you're admitting it. Now, go do the right thing.
Answered on Mar 21st, 2012 at 4:08 PM
You could be charged with False Report. That may result in a jail sentence dependent on many factors including whether you have a prior criminal record. Most likely the charge against him would be dropped.
Answered on Mar 21st, 2012 at 3:59 PM
Criminal Law Attorney serving Salem, NH
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Law Office of Patrick E. Donovan, PLLC
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Filing a false police report is a misdemeanor, and in theory, you could be incarcerated. You also have a 5th amendment right not to testify, given that any testimony in his case will either be perjury (a felony), or an admission to filing a false police report. Do not tell the police that you lied. Instead, you should hire an attorney who can help you assert your constitutional right not to incriminate yourself. Without your testimony, the State cannot prove a case against your boyfriend, and the case should be dismissed.
Answered on Mar 21st, 2012 at 3:54 PM
You have risk here because filing a false report is definitely a crime. I would consult with an attorney who might be able to negotiate an immunity agreement with the DA for you to correct the erroneous report.
Answered on Mar 21st, 2012 at 3:53 PM
Hard to say. They may think you are recanting now because you guys got back together. So there is no saying whether they will believe what you are saying and charge you. As for him, the likelihood they will violate his probation and/or file a new charge against him is high, given his record.
Answered on Mar 21st, 2012 at 3:52 PM
3 Awards
You could be charged with filing a false police report which is a gross misdemeanor in MN.
Answered on Mar 21st, 2012 at 3:52 PM
Christina Maria Soberon-Llort
Filing a false police report is an offense, however, it is rarely prosecuted. That being said, it is absolutely horrible to let someone innocent be prosecuted falsely.
Answered on Mar 21st, 2012 at 3:51 PM