QUESTION
What should you do if you are wrongly accused of child abuse?
Asked on Sep 28th, 2011 on Criminal Law - Texas
More details to this question:
What is the penalty for writing a false police report for child abuse. My friends four month old daughter at the time her boyfriend supposedly kicked their daughters rocker. Now she didn't see it, but a friend did. Then her friend later on admitted that it wasn't true. Now my friend's boyfriend is facing false charges. Now the responding police officer testified that the scratch on her daughters face, but didn't look fresh. It looked old,so what do you think is going to happen now?
18 ANSWERS
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Hire a lawyer.
Answered on Jun 19th, 2013 at 2:17 AM
You need to hire a defense attorney experienced in defending against such charges. Once the district attorney starts down the path of charging these types of crimes, it is extremely difficult to get them to reverse it. The fact that the friend later admitted it was not true should hold some weight with the DA, but if not, that friend needs to be called as a witness at trial. Currently, filing a false report is a misdemeanor, so likely the penalty, if convicted, would be probation. I believe the state legislator is considering a bill that would make false child abuse reporting a felony, but nothing has been passed yet.
Answered on Sep 30th, 2011 at 12:47 PM
Michael J. Breczinski
He needs an attorney. The attorney will have to interview the people to whom the person admitted that she lied and have them as witnesses.
Answered on Sep 29th, 2011 at 4:16 PM
Jacob P. Sartz
If you were charged with an offense, I'd strongly recommend that you retain an attorney to assist you or ask the court appoint you an attorney payable at the public's expense. This answer does not contain specific legal advice. If you need specific legal advice, please consult privately with an attorney. Speaking generally, the act of "filing a false police report" may be charged as a felony or misdemeanor depending on the nature of the exact circumstances. Whether it's a misdemeanor or felony, the prosecutor needs to be able to prove the charges beyond a reasonable doubt. While it's an offense that may be proved by circumstantial evidence, these charges can be tricky at times to prove beyond a reasonable doubt because of the mental component, i.e., the "mens rea" of these types of offenses, (i.e., whether the statements were a mistake or an actual, deliberate, attempt to mislead the court).
Answered on Sep 29th, 2011 at 12:59 PM
If the person that made the complaint to the police contacts the detective in charge of the case and tells him the truth there will not charge him or if charges are filed they will be drooped. This is if the police have no other evidence. Depending on how far along in the process this is he may need an attorney to help.
Answered on Sep 29th, 2011 at 12:51 PM
If you advise the officer of the developments, the case may be dropped. The prosecutor will have discretion whether to file false information charges or not.
Answered on Sep 29th, 2011 at 11:49 AM
If the witness has recanted the story and there is nothing in the police report to support the abuse charge, it should be possible to get the charge dismissed. The accused should retain a criminal defense attorney to handle this as the potential ramifications can be quite serious.
Answered on Sep 29th, 2011 at 11:49 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If what you report is a misdemeanor, then filing such a false report is a misdemeanor. If the crime you falsely reported is a felony, then filing that false report will be a felony. If you have been charged, you need experienced legal counsel on your side.
Answered on Sep 29th, 2011 at 10:38 AM
The person accused should be represented by a competent criminal defense attorney. The attorney would have a better idea of what might happen. If a person filed a false police report, they could be charged.
Answered on Sep 29th, 2011 at 10:36 AM
Assault and Battery Attorney serving Encino, CA
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RP Defense Law
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The District Attorney / Prosecutor will drop the charge if they do not have enough evidence to support their allegations / charges. This basically means that if the only witness the prosecution has is "the friend" who now changes his/her statement, the prosecution will most likely drop the case.
Answered on Sep 29th, 2011 at 10:31 AM
Normally in Alabama the making of a false report is Misdemeanor Class A. Usually in most jurisdictions It is a misdemeanor and if prosecuted results in fines and court costs. Typically after testimony proving credibility problems with the report will cause it to be dismissed against the defendant. An attorney can elicit testimony on the stand to prove it was false and the charges will be dropped or dismissed against the defendant and the person who made the false report will be charged with such crime.
Answered on Sep 29th, 2011 at 10:14 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The charge for making a false statement to police is a class A misdemeanor. If the bf is facing charges, he needs a lawyerand that lawyer can interview the witness and get the impeaching information about the lie in the inital report. There is no way to guess what will happen. I'm sure there are many, many more "facts" involved.
Answered on Sep 29th, 2011 at 10:03 AM
You're basically screwed unless you hire an attorney. Child abuse cases are not easy to prove, because they typically involve a lot of he said she said. You need an attorney to take advantge of this aspect, or else the prosecutor will just laugh at you.
Answered on Sep 29th, 2011 at 9:29 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It is a crime to file a false report. What will happen now? I don't know enough to guess. The lawyer should be consulted.
Answered on Sep 29th, 2011 at 9:10 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The person accused NEEDS to retain an attorney. These charges are very serious and can carry substantial prison time.
Answered on Sep 29th, 2011 at 9:10 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Once a charge is filed it is out of the person's hands. The accuser can't 'drop the charges'. The police or prosecutor often will not listen to the accuser who is now denying the charges. The accuser is now faced with a dilemna: (1) ignore the subpoena to appear that they will receive or (2) admit that the accuser filed a false police report and open themselves up to criminal penalties. If the accuser does the former, then they can be held in contempt of court. Luckily, they can't be sentenced to jail. But they can be fined. If the accuser is asked to come to court and does most often to explain how it was all a misunderstanding the court will continue to order the accuser back to court and the accuser opens themself up to contempt and a bench warrant. If the accuser does the latter and admits on the stand that the charges are made up, then they can face misdemeanor filing a false police report or felony perjury charges (if the DA thinks they are lying in denying the charges, then it could be charged as perjury). In this situation not only does the defendant need an experienced criminal defense lawyer, but so does the accuser.
Answered on Sep 29th, 2011 at 8:14 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Your friends boyfriend needs to contact us to discuss retaining our office to represent him to defend the charges, as he is facing jail time.
Answered on Sep 29th, 2011 at 8:14 AM
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You could be charged with a felony, depending on injuries and age of the child. You need to hire a strong trial attorney immediately and let them fight it.
Answered on Sep 29th, 2011 at 7:49 AM