Can he press chargers for false accusations?

Question

My friend just got served papers for protection of abuse for an incident.  The thing is, everything in those papers were lies.  He had been taping every conversation since August and can prove the allegations against him were lies.  when he gets into court, can he press chargers for false accusations?

Stephen Freeborn · Answer

Win a criminal matter, whether charges are filed against this person, is up to the prosecutor. I don't know enough about the facts.

Jules N. Fiani · Answer

Yes.

Cynthia Henley · Answer

He needs to hire a lawyer to defend him.  Once the case is dismissed, then the lawyer or he can talk to authorities about charges for false report to a peace officer.

Michael J. Breczinski · Answer

Well yes he can do that but here is the other question, did the person know that he was taping them? If not and he has no court order for it then he can be charged with criminal wiretapping.

Jacob P. Sartz · Answer

I'd recommend your friend retain a lawyer. Things are especially complicated if a person, who is charged with an offense, wishes to press criminal charges because what they say and do can and may be used against them by the police. Their statements may be incriminating and the police may question it's credibility.   Accusations of criminal conduct are usually handled by the police and up the prosecutor. If a person feels like they have been victimized by criminal activity, they should contact the police. However, the situation can be very complicated in situations where the person already has a "relationship" with law-enforcement. If the statements are potentially incriminating, I strongly advise the individual to obtain council prior to contacting the police.

Stacey Selleck · Answer

Someone can be charged with filing a false police report.  Be careful with the recordings though, he could be charged with ease dropping.

Michael Garber · Answer

I don't know that it's a crime, but he can ask for damages for frivolous law suit.

Jared Altman · Answer

He can ask the District Attorney to prosecute.

James H. Dippery · Answer

There are at least two problems here. First, concerning the protection order, this is a 'he said/she said' situation that your friend should (or possibly already did) have a chance to dispute before a judge before a final order is issued. Second, and most importantly, taping a conversation with another person without advising that a recording is being made and their consenting to being recorded is a FELONY. Do not do it, and please do not attempt to introduce those tapes into evidence at the protection order hearing.

Mark R. Thiessen · Answer

Yes, get his case dismissed and then you can press charges against the complainant.

Ronnie Vargas · Answer

Restraining orders come down to what evidence if any is presented and who is the more believable person. If allegations are lies that is something for the court to determine.

Craig Elhart · Answer

Criminal charges can only be brought by the prosecuting attorney.  As for a civil claim of malicious prosecution, what are the damages and even if successful, how would he collect.

Mark Broughton · Answer

There is no such thing as "pressing charges." he can certainly use it to win his case in court. If the judge or DA feel he/she has lied under oath, they could decide to file the appropriate charges.

Mechislav Furman · Answer

Most states have wire-tapping laws, which make it illegal for you to tape conversation without the other person knowing about it.

Leonard Harden · Answer

NH makes it a crime to record without consent, so friend may not be able to prove anything without getting into trouble.

Jeff Yeh · Answer

It is illegal in California to tape record someone without his/her consent, so that evidence might get him in more trouble. Secondly, when he goes to court for his case, the court will only hear "his case." Matters relating to other defendant(s) is irrelevant and won't be heard. If he wants to press charges, that is another case, another day.

Daniel Kieth Martin · Answer

Citizens do not press charges, he may be able to file a law suit. He should contact a lawyer to discuss a law suit.

John Patrick Yetter · Answer

In Illinois only the State's Attorney has the authority to file criminal charges, though there are allowances for the police to file the original complaints.  Ususally in a case of false accusations, civil suits are used to recover damages if the State chooses not to file.  I would caution about attempting to use recordings - Illinois law does not allow an individual to record another without their permission.

Louis Leibowitz · Answer

Be very careful with taped conversations. If they were secretly taped, it is a felony and the tapes cannot be used in court

Eric Sterkenburg · Answer

If a person is charged in a criminal case; the charges are from the people of the State of California. The charges would be based upon evidence supplied to the District Attorney. If that evidence is false; it is up to the District Attorneys investigating office to determine the falsehood. If the District Attorneys office does not investigate fully and does not conclude the statements are false it is up to the Defense to bring the evidence to show it is false. You do not have a case in criminal court for false arrest however you do have a civil court for defamation of character.

Michael Maltby · Answer

Your friend can certainly file a police report and submit the evidence. It is up to the prosecutor to charge the case.

Mark Bruce · Answer

He's been taping what conversations?  Does he realize there are laws in California against wiretapping or taping personal conversations without permission?  I don't know what you mean by "protection of abuse for an incident."  Does this mean he is being accused of domestic violence?  If so, he needs to get a lawyer-either a private one or a public defender-to work on his defense.  The issue of false accusations (eg, abuse of process or malicious prosecution) are civil issues that he can address when and if he successfully defends the criminal case.

Dennis Roberts · Answer

If he can prove what is being claimed isnothing but lies a pissed off DA could  easily get the person charged with perjury if they testify. Some DAs would do  it in a minute to send the word out to those liars who think they can set  someone up if they dislike the person. Fortunately your friend taped all of  this. But be careful because this person might testify that nothing was said in  those conversations but they had several face to face conversations where the  victim wasn't able to tape. I'd have your lawyer go quietly to the DA and lay out the tapes.

Joseph Dane · Answer

He can't "press" criminal charges, but he can use the information to defend himself in the restraining order hearings, as well as making a police report for perjury.  I assume the allegations filed against him were signed under penalty of perjury.

Jared Austin · Answer

If the truth comes out in his favor, he can pursue pressing charges for filing a false police report and/or he could sue them civilly for defamation and possibly other claims. Seek out an attorney for more detail and information.

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Can he press chargers for false accusations?

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