QUESTION
Will my husband go to jail if there is no crime committed and they're just going by my report but I lied about?
Asked on Sep 27th, 2013 on Criminal Law - Oklahoma
More details to this question:
My husband and I got into a argument which leads me to lie and say that he hurt me calling the cops on him. I am now faced with going to court for his trial on November 15th. He isn't guilty because of course I lied I was angry and defiant and I have anger management problems and I'm on antibiotics for depression and so. What I'm asking is if I lied to the police would he go to jail because he didn't do anything and I was just trying to get him into trouble. I have proof that I have anger problems and I have proof that I have been on antibiotics for depression. I have proof and testimonies from my relatives his relatives and my mom and dad I have my therapist coming to court with me to testify for him as well will this be enough for him to be not charged if I gave the police a false report and was just giving them a report out of anger and I had taken three oxycodone earlier that morning. His attorney says the report the police wrote and the one that my husband gave are the same and his attorney says that there is no case to pursue because there is not a crime committed so since I lied and I know that I will probably get in trouble for that.
7 ANSWERS
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
You could state that at trial on the stand, or you could speak with the prosecutor beforehand to see if they are willing to dismiss the charges. Keep in mind, that you could be charged with the crime of filing a false police report. I would advise you speak with an attorney before making a decision on how to proceed.
Answered on Oct 04th, 2013 at 9:26 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Without seeing the case file, I have no ideas. Obviously the prosecutor believes he has enough information to move forward with the trial. If you in fact did lie and you gave a statement under oat, you can be charged with a felony. You can also be charged with filing a false police report.
Answered on Oct 01st, 2013 at 11:55 AM
Michael J. Breczinski
First of all you can refuse to testify against him or at all at trial since if you did then you would be admitting that you had lied to the police. This is a crime and you have the right not to incriminate yourself. Without your testimony they probably have no case against him.
Answered on Oct 01st, 2013 at 4:38 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
They will not be able to convict him based on the police report alone, and will need your testimony at trial. With that being said, you should be aware that filing a false police report, in California, is a misdemeanor with a potential one year jail sentence. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 30th, 2013 at 7:56 PM
He could. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
Answered on Sep 30th, 2013 at 1:12 PM
James Edward Smith
Up to Judge and DA.
Answered on Sep 30th, 2013 at 12:11 PM
You need your own attorney if you filed a false report with law enforcement. It is possible for you to face charges and be convicted of that crime, especially if you have admitted it to anyone other than your own attorney that can identify you to your admission.
Answered on Sep 30th, 2013 at 12:03 PM