QUESTION
What should my boyfriend do if false police reports were charged against his friend but it was he, who was guilty of the charge?
Asked on Oct 23rd, 2012 on Criminal Law - New York
More details to this question:
My boyfriend threw rocks at a car window and the people are saying they saw his friend throw the rocks. There were numerous police reports saying his friend threw the rocks at the window but really it was my boyfriend. They all made false reports and now his friend is being charged with this crime. My boyfriend said he would confess to this but would those people then be charged for filing false police reports. They said they clearly saw this kid throw the rocks so obviously they are lying. My boyfriend doesn’t know what to do and he really wants to know the right thing to do.
9 ANSWERS
John J. Carney
He should retain a criminal attorney to contact the prosecutor so that hopefully the innocent person will be exonerated but he will not be charged. He should not confess or turn himself in, that would not be a good decision. He should also pay to have the damage repaired and donate $100 to the Red Cross to help the victims of Hurricane Sandy as a way of atoning for his actions.
Answered on Nov 03rd, 2012 at 2:47 AM
Michael J. Breczinski
First of all if he is going to do this he should talk to the police and the friend's lawyer. Second you have not told me if this was at night or how far away the witnesses were or under what conditions this happened. It may be that they thought it was him and are testifying to what they believe is true but they are wrong. Being wrong is NOT being a liar. They may have not done anything wrong and are just mistaken.
Answered on Oct 25th, 2012 at 4:45 PM
Leonard A. Kaanta
It is up to the prosecutor to bring charges.
Answered on Oct 25th, 2012 at 4:44 PM
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Hire an attorney to help him.
Answered on Oct 25th, 2012 at 4:43 PM
Remain silent and hire a lawyer before he does something stupid, like incriminate himself. The moment he opens his mouth, not only will he not be believed, but he will be charged together with the first guy. In the end, you have 2 folks facing charges instead of just one.
Answered on Oct 25th, 2012 at 4:43 PM
Thomas Edward Gates
He needs to turn himself in.
Answered on Oct 25th, 2012 at 4:42 PM
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This is an odd situation. Your boyfriend should not confess, and should hire a local attorney to investigate and decide what the best goal to set is. Since he was a witness to the crime, he should be listed as one for the friend, and he can definitely testify that the friend did not throw the rocks, but he stands the chance of being prosecuted. The point is that the friend is not guilty, the other witnesses saw the bf throwing the rocks. So, he could be a very important witness in establishing a very strong reasonable doubt. But then again, he cannot be forced to incriminate himself, and will need the advice of an attorney.
Answered on Oct 25th, 2012 at 4:42 PM
The correct thing to do is not to let someone else take the blame for something your boyfriend did. Speak to his lawyer and let his lawyer negotiate with the DA. If he does not have a lawyer tell the police he has something to say about the rock throwing incident but before he speaks, he wants the police to get him a lawyer free under Article 18-B of the County law.
Answered on Oct 25th, 2012 at 4:41 PM
Dennis P. Mikko
If the police reports were based on other's observations, the fact that those observations were false probably is not akin to making a false police report. It is more along the lines of an honest mistake in identity. If, on the other hand, the people knew who threw the rocks and said someone else did it, that is a false police report.
Answered on Oct 25th, 2012 at 4:41 PM