When you knowingly file a police report containing misinformation, you may be charged with filing a false report and other related offenses.
Keep in mind that you can be charged whether you affirmatively make a false statement or you deliberately omit information that is material to a criminal investigation. When you provide information to the police that you know to be false, you are guilty of filing a false report. The specific elements of the crime may vary slightly from jurisdiction to jurisdiction, but you can anticipate that you will be convicted if the prosecution can prove that you knowingly or deliberately made a false report to the police in response to a legitimate criminal inquiry and, in so doing, your actions deceived the police or hindered a criminal investigation.
Note that the operable element of the crime is your intent in making the statement to the law enforcement officer. For example, if the police respond to a call from your home and you affirmatively tell the police that your spouse hit you when they did not, you may be charged with making a false report to the police. You can affirm your intent to lie to the police by filing a false report about the alleged incident.
You can be charged under federal and state law for making a false statement to a law enforcement officer. Your jurisdiction will determine whether the charge will be a misdemeanor or a felony. The bottom line is your punishment may depend on the severity of the impact on a criminal investigation or the lives of the public. Your punishment could include paying fines, probation or even jail time. If charged with a misdemeanor, you may be required to pay fines and sentenced up to a year in jail.
If charged with a felony under state or federal law, you may be subject to time in jail of more than a year. It might only involve details or include making up an incident itself. Examples include: Overstating the amount stolen in a robbery Falsifying information for an insurance claim Creating allegations of domestic violence for the purpose of attaining sole custody of a child Stating that someone was texting and driving at the time of the accident when you did not see it yourself.
Unintentional falsifications, on the other hand, occur when someone provides erroneous information to a responding officer by accident. You, as a victim of a car accident, may also misrepresent facts under the stress of the moment. Unintentional fabrications like these are generally honest mistakes and are not subject to prosecution.
On the other hand, the police take matters of intentional falsification very seriously. According to Texas statutes: A person commits the offense when he or she knowingly provides false information in a police statement that is important to a criminal or civil investigation. The person receiving the statement was a police officer or other officer of the peace, authorized to conduct the investigation. The person committing the offense knew that it was an official police investigation.
Falsifying a police report is a violation of Section If you believe someone else may have been responsible, it can be easy for your emotions to get in the way of telling the truth. Even a small embellishment could affect your right to compensation, should you decide to pursue a civil claim.
If charged with a misdemeanor, you may be required to pay fines and sentenced up to a year in jail.
The specific elements of the crime may vary slightly from jurisdiction to jurisdiction, but you can anticipate that you will be convicted if the prosecution can prove that you knowingly or deliberately made a false report to the police in response to a legitimate criminal inquiry and, in so doing, your actions deceived the police or hindered a criminal investigation. Thus, your state of mind can have significant effects on your ability to raise a defense. So, why would somone file a false police report? These types of reports also put a drain on resources and personnel who respond to the threats; they also distract law enforcement from pursuing real threats. Brenden Dassey was convicted for life after admitting to charges of rape and murder.
For example, if a defendant filed a false police report claiming that their vehicle was stolen, when in fact they ditched the vehicle somewhere hoping that it would never be found because they wanted their insurance company to pay off the car note, then the filing of a false report would only be their first of several charges.
It might only involve details or include making up an incident itself. Depending on where you live and the extent of the deception, the criminal charge of filing a false police report can either be a misdemeanor or a felony. Lying to cover another felony charge will not only result in a false report charge, but can also result in felony tampering or hindering apprehension charges. There are many other outcomes that can result if you file a false police report. However, it can also lead to other criminal charges.
If charged with a felony under state or federal law, you may be subject to time in jail of more than a year.
You, as a victim of a car accident, may also misrepresent facts under the stress of the moment. The Charges: Lying To The Police A false police report always involves the element of knowingly supplying incorrect information, which typically results in the charge of lying to the police or obstruction of justice. The public regularly file police reports of crimes committed which provide information relevant to an ongoing police investigation. The longer you wait, the more it will look like you were intentionally trying to deceive law enforcement.
Be very careful in the information you provide to a responding officer. The person committing the offense knew that it was an official police investigation. Lying to the feds about anything is always a bad idea. Misdemeanor charges may result in jail terms of one year or less. Falsifying a police report is a violation of Section
The case of Brenden Dassey is a globally-known example of what can happen when someone speaks to the police without a criminal defense lawyer present.
If you do file a police report and you later learn that information you provided was incorrect, contact the originating agency as quickly as possible to correct your mistake. Most people pick up a filing of a false report charge by make affirmative statements that are clearly false.
Some people file police reports by making up stories about untrue events or embellishing a story based on a true occurrence. The person committing the offense knew that it was an official police investigation. Depending upon the jurisdiction, a false police report may be charged as a misdemeanor or a felony. If you filed a report in good faith but later learn that the information contained in it are no longer true, you should alert law enforcement as soon as possible.