QUESTION
Will I be in legal trouble if I filed false charges against someone?
Asked on Oct 12th, 2011 on Criminal Law - New Jersey
More details to this question:
How do I get charges dropped on someone if I lied about it? How do I get the charges dropped? I don't want him to go to jail because I lied. I need to know what to do.
23 ANSWERS
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 03rd, 2013 at 1:03 AM
You could be. Filing a false police report is a misdemeanor crime in Oregon. At this point, if the district attorney is proceeding with the (false) charges, you should hire an attorney to assist you in speaking with the district attorney. You need to be very careful about any sort of admissions that could later be used against you.
Answered on Oct 21st, 2011 at 10:06 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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First of all, you need to contact the prosecutor's office right away and let them know what happened so they can get this matter straightened out. You could be charged with filing a false police report which could result in jail but probation is a strong likelihood. You may not want to go to jail but if someone has to, should it be your or the innocent person you accused?
Answered on Oct 20th, 2011 at 1:44 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It is very difficult to change your statement without exposing you to criminal liability. In other words, you should be careful not to write or change your statement. I would recommend that you contact a lawyer and have that lawyer give you advise on how best to proceed. If you lied, you can assert the 5th amendment and then not testify or make any statements.
Answered on Oct 14th, 2011 at 12:30 PM
Filing a false police report is a criminal offense. You should speak with an attorney who may be able to help you in this matter.
Answered on Oct 14th, 2011 at 9:02 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you lied and made a false police report which resulted in charges, you need to hire a lawyer. You could be charged with a misdemeanor of filing a false police report. If this is about a family violence assault, claiming that you lied will not likely result in a dismissal. However, you can work with the defendant's lawyer to see what can be done.
Answered on Oct 13th, 2011 at 10:49 PM
It is a misdemeanor to file false charges against someone. It is also a misdemeanor to give false information to a police officer. Depending on how serious the charges you falsified you may only have probation. In addition you can be sued by the person you falsely accused in a civil court.
Answered on Oct 13th, 2011 at 10:25 PM
Michael J. Breczinski
Yes, You can get in trouble for filing a false police report. You might want to take the fifth if they call you to testify since it would incriminate you. That means remaining silent. You need an attorney.
Answered on Oct 13th, 2011 at 10:14 PM
Well this sounds like a domestic violence case. It is common that a victim decides not to file charges. The best you can do is contact the DA and see what you can do.
Answered on Oct 13th, 2011 at 10:08 PM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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You may get in trouble. Best thing you can do is speak to the District Attorney's office. Calling the police and providing false information in order for them to request charges be filed by the DA is very serious. All of this information goes on someone's record, and can potential hurt many aspects of their private lives. This should NOT be taken lightly. You need to discuss the situation with the DA and do what you can to convince them to drop charges, even if you are going to get in trouble. Why should someone else's life be ruined because of a mistake you made?
Answered on Oct 13th, 2011 at 9:26 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You could be in trouble. If you actually lied and filed a false police report, then you could be charged with perjury (a felony), or some other lesser charge. I get this question from a lot of people. Based upon your question, I assume that you are boyfriend and girlfriend and have some kind of a relationship. I then wonder, whether you are asking this question because you really did lie, or you don't want to get your boyfriend in trouble; that he actually did assault you. If this is the case, then you are walking a fine line as far as your own personal well being. If he assaulted you once, I bet he has assaulted you before, and he will certainly assault you again. You are not doing anyone a favor by taking the fall for this. If there are domestic violence issues, you need to take them VERY seriously as this kind of assaultive behavior generally escalates in severity.
Answered on Oct 13th, 2011 at 8:58 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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You have a problem. If you're the alleged victim you can tell the DA that you don't want to prosecute, but you might have to tell him why and run the risk of being charged with filing a false report. It'll be up to the DA to decide what to do with you.
Answered on Oct 13th, 2011 at 8:12 PM
3 Awards
Absolutely, but you should hire an attorney to advise you on how to proceed. You could be charged with filing a false police report to aggravated perjury. And the truth always comes out. So you really need to hire an attorney and proceed with caution. Or take your secret to the grave and hope they let you in.
Answered on Oct 13th, 2011 at 7:31 PM
Nothing you can do now. You'll get into more trouble if you go and admit you lied (filing false report...etc.)
Answered on Oct 13th, 2011 at 7:30 PM
Civil Litigation Attorney serving Salisbury, MD
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Adkins, Potts & Smethurst, L.L.P.
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Yes you can be criminally or civilly charged for lying to law enforcement and/or originating false charges yourself. You need to assert your fifth amendment privilege not to testify against your boyfriend when you are called to testify. And you need to stop posting comments on a public forum effectively admitting that you committed a crime.
Answered on Oct 13th, 2011 at 3:47 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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You need to call the police and tell them. But understand it is a crime to file a false report.
Answered on Oct 13th, 2011 at 3:44 PM
Criminal Defense Attorney serving New Orleans, LA
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Elizabeth B. Carpenter Law
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Yes, you will be in trouble. Filing false charges against someone is not a laughing matter. You need to go to the police and/or the DA.
Answered on Oct 13th, 2011 at 3:44 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You have to decide if it's worth running the risk of being charged with filing a false report. You can always refuse to cooperate with the prosecutor.
Answered on Oct 13th, 2011 at 3:44 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Talk to a lawyer. You could get yourself in serious trouble for filing a false police report.
Answered on Oct 13th, 2011 at 3:19 PM
You should contact the prosecutor and let them know you are no longer going to maintain your story. You can contact the person's attorney and let them know you are recanting. You may face charges for filing a false report. Understand that the state can still go forward with prosecution without you if they feel they have enough evidence to convict. You may want to retain a criminal defense attorney for your own protection before you contact the prosecutor.
Answered on Oct 13th, 2011 at 2:58 PM
False report to law enforcement is a class a misdemeanor. The maximum punishment COULD BE 12 months in jail. That doesn't mean punishment WILL BE 12 months or even any jail time. It depends.......
Answered on Oct 13th, 2011 at 2:56 PM
Appellate Attorney serving University Place, WA
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Baner and Baner Law Firm
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Get an attorney. You're walking a delicate position here. If it is really early then police and prosecutors will be more understanding, but you may be facing perjury charges. You goals are really two fold: 1. avoid getting someone in trouble; 2. avoid yourself being that "someone" that is in trouble. You can try to takl to police or prosecutor yourself, but I would absolutely recommend against it.
Answered on Oct 13th, 2011 at 2:49 PM
Gary Moore
You need to hire an attorney to act on your behalf. Talking to the prosecutor's office directly may cause you be charged with making a false police report.
Answered on Oct 13th, 2011 at 2:42 PM