QUESTION
What happens if my daughter filed a false police report?
Asked on Nov 29th, 2011 on Criminal Law - Michigan
More details to this question:
My daughter pawned a laptop computer I was renting. I couldn't afford to make payments so she told me that the company came and took the laptop back, but she filed a police report. Then the police found out that she pawned it so now she has to go to court for filing a false police report. What can she get for it?
25 ANSWERS
Jacob P. Sartz
I'd recommend she retain a lawyer or request that the court appoint her a lawyer payable at the public's expense. Speaking generally, the alleged act of filing a false police report could result in criminal charges. Depending on the alleged facts, the charges could range from a low-level misdemeanor to serious felonies. However, these offenses tend to be harder for a prosecutor to prove because it may be difficult to prove that the defendant had the required criminal intent, or "mens rea," or "state of mind." I'd recommend that your daughter retain a lawyer.
Answered on Dec 01st, 2011 at 9:49 PM
Michael J. Breczinski
Well it depends on what type of crime she alleged to have happened. False report of a misdemeanor is a misdemeanor up to 93 days in jail; but false report of a felony carries up to 4 years in prison. She needs an attorney.
Answered on Dec 01st, 2011 at 6:31 PM
Two problems-false information to a pawnbroker, class 6 felony and false information to authorities, a misdemeanor. If convicted, the class six felony is from 6 mos to 3 yrs. If they have only filed the misdemeanor charge, the maximum is 6 months. If she has no record, she may be offered a deferred judgment, or a misdemeanor conviction and probation. As the felony is a possible amendment to the charges-I think you should try to resolve the misdemeanor case before they figure that out.
Answered on Dec 01st, 2011 at 3:13 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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She'll probably get a suspended jail sentence, a fine, court costs and be put on probation.
Answered on Dec 01st, 2011 at 1:11 PM
Geoffrey MacLaren Yaryan
Filing a false police report is a misdemeanor. She could go to jail, or be placed on probation.
Answered on Dec 01st, 2011 at 1:03 PM
The charge of Filing a False Police Report is a misdemeanor offense which carries a fine between $100 and $500 and/or a maximum penalty of one year in jail. If this is a first offense and there were no serious consequences as a result of the false filing, it is likely that a conviction could be avoided and a penalty involving costs would be imposed.
Answered on Dec 01st, 2011 at 9:28 AM
Filing a false police report can be a felony. What her ultimate sentence might be would depend on what she was convicted of, her past record and other factors. There is not enough information given to answer the question other than a wild guess.
Answered on Dec 01st, 2011 at 9:24 AM
Samuel H. Harrison
False report is usually a misdemeanor. Max is 12 months jail, but with no record it is more likely she will get probation and a fine.
Answered on Dec 01st, 2011 at 9:24 AM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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That depends on the charges and a few other factors. My guess is that the charges are misdemeanors, but there could be a felony or two that could be charged. As a misdemeanor, most have a maximum of 1 year in custody ( that does not mean that is what will happen, but what the most that the judge can impose). I'd also like to know how old she is - that is, whether she is a minor or an adult. Other things to consider are what if any criminal history she has, and so forth. You might consult with a good criminal defense attorney and run all the fact and circumstances by him/her. You'll get a more accurate answer. I hope this helps.
Answered on Dec 01st, 2011 at 9:13 AM
She can be charged with a felony of obstruction of justice or filing a false report. I would advise that she seek the advise of an attorney and not give any statements to the police.
Answered on Dec 01st, 2011 at 8:57 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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She should say nothing. Admit nothing and hire a lawyer ASAP.
Answered on Dec 01st, 2011 at 8:43 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Penalties depend on a lot of factors, including age, criminal history, severity of the charges, amount of pecuniary loss involved, character and remorsefulness of the defendant, how egregious the facts are, was anyone injured, has the defendant cooperated on other prosecutions, etc. I can't offer an opinion without knowing all of the details.
Answered on Nov 30th, 2011 at 11:10 PM
First your daughter did not file a police report. Only the police can file a police report. Your daughter gave false information to a police officer. This caused the officer to file a report based on false information. In California she violated California Vehicle Code Section 32 that reads; No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false. In your daughters case she is looking at a misdemeanor with a maximum sentence of one year in county jail.
Answered on Nov 30th, 2011 at 10:56 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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In California, filing a false police report pursuant to Penal Code Section 148.5 is a misdemeanor punishable by up to 1 year in county jail and up to a $1,000 fine. As far as what your daughter may be facing as far as consequences are concerned requires more information about her case and criminal history, if any. Good luck.
Answered on Nov 30th, 2011 at 10:45 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Probably a 93 day misdemeanor crime. She should consult an attorney right away.
Answered on Nov 30th, 2011 at 10:34 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Your daughter could be charged with filing a false police report. It will be a criminal charge which has a potential of jail time, however, as a practical matter, there is only a small likelihood that there will be jail. The likely outcome is probation. As part of a plea agreement, the conviction may end up not being on a public record or may result in a dismissal. You will need to consult with an attorney for the details on how to get this arranged and whether or not it is possible. I hope that this was helpful.
Answered on Nov 30th, 2011 at 10:19 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Not only can she be charged with filing a false police report, but she can also be charged with theft of property. Since you were only renting the computer, you did not own it. It was property of the company from which you were renting. Based upon the value of the computer, she could be looking at a felony theft charge. You best speak with an attorney in your area. A conviction, even as a first time offender, may not result in jail time, but there are long lasting implications if your daughter is convicted.
Answered on Nov 30th, 2011 at 10:19 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Filing a false report is a misdemeanor and can carry potential jail time, fines, community service and probation. That's just what could happen. What will actually happen depends on what (if anything) she's convicted of, the facts of the case, her record (if any) and what her attorney can work out on her behalf.
Answered on Nov 30th, 2011 at 9:41 PM
There is a wide range of possible outcomes on the case. The main thing is for her to have an attorney or to request the services of the public defender should she be unable to afford an attorney.
Answered on Nov 30th, 2011 at 9:41 PM
James Lochead
You don't say whether your daughter is a minor or an adult, i.e. - over the age of eighteen, but generally if she hasn't been convicted of an offense before, she will get a fine and an order to pay restitution for police investigation time, if any, and probably be ordered to complete some community service along with twenty-four to thirty-six months of probation.
Answered on Nov 30th, 2011 at 9:13 PM
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These are be felony charges. So, prison is an unlikely option. She needs a lawyer/public defender. She should not make any statements without one.
Answered on Nov 30th, 2011 at 9:12 PM
James Edward Smith
She will probably get a fine and/or community service and a counseling class plus restitution. This is a misdemeanor.
Answered on Nov 30th, 2011 at 9:06 PM
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Depends on the State. Usually she will get probation, but this is a crime of moral turpitude and could label her as a thief for the rest of her life. It's very hard getting a job with that label. So hire the best attorney you can afford and make sure this doesn't stick to her.
Answered on Nov 30th, 2011 at 9:05 PM
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1. She could be charged with obstruction among other acts. 2. She could be charged with Trafficking (Dealing) in Stolen Property. If a Juvenile she would be treated as a Juvenile and get probation. If an adult and convicted of Trafficking in Stolen Property she could end up on probation with prison hanging over her.
Answered on Nov 30th, 2011 at 9:05 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It depends. If what she falsely reported is a misdemeanor, she will be charged with a misdemeanor. If what she falsely reported was a felony, she will be charged with a felony. She needs to have experienced criminal representation as she potentially could face jail or prison. Feel free to contact my office for more information and a free consultation.
Answered on Nov 30th, 2011 at 8:58 PM