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Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16503
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I filed a false police report of physical assault in February.

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I filed a false police report of physical assault in February. After talking w the investigator a few days after the report, I admitted to the false reporting of information. I was told or under the assumption that once I left the investigators office that day that it would all be done. However, today, May 9, I received summons to court for initial hearing of false reporting class b misdemeanor. Long story short. I was in a relationship for 12 yrs that ended abt 5 yrs ago, I had an unexpected death of my brother in law the following year. Then about 2.5 to 3 yrs ago got in a relationship that was long distance and became longer in distance. My grandmother died in December of 2011 and then my dad was diagnosed with pancreatic cancer and died in May 2013, 6 months after diagnosis. Then the relationship I was in, she encoded to break up. Completely distraught and dealing with a lot of post traumatic events in a short time span, I simply did a wrong thing and was not in a right frame of mind when I did such act. Please help! I don't want to go to jail or risk losing my job. Is probation or diversion program available or eligible??

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am sorry to hear about your difficult situation.

Customer: I am now
Alex Esquire :

Please try not to panic, as I know this is very disturbing news to receive a criminal summons.

Customer: Thank you for ur understanding
Alex Esquire :

Can you please tell me if you have any prior criminal convictions?

Customer: Yes it is rather disturbing
Customer: I have never had any criminal convictions or anything...
Customer: Besides two speeding tickets in the past..
Alex Esquire :

That is actually good news.

Customer: Ok...I can only hope
Alex Esquire :

In any case, here is the maximum penalty for the class B misdemeanor in Indiana:

Alex Esquire :

IC 35-50-3-3
Class B misdemeanor
Sec. 3. A person who commits a Class B misdemeanor shall be imprisoned for a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand


dollars ($1,000).

Customer: I am really nervous
Alex Esquire :

However, given the fact that this is your first criminal offense, it is very unlikely that you will face any jail time, even if you are convicted of this particular charge.

Alex Esquire :

Are you able to afford to hire a private local criminal defense attorney?

Customer: Ok...is there a diversion program or anything?
Alex Esquire :

Yes.

Customer: I don't even know the costs of that let alone who to even contact within the county (Hamilton)
Alex Esquire :

Not an issue.

Alex Esquire :

Here is what I would suggest.

Customer: Ok...
Alex Esquire :

It would be very important for you to consult and retain a local criminal defense attorney and this local attorney should be able to negotiate a plea deal, since you are a first offender, which would allow you to avoid any jail time and enter into deferred adjudication program, which would require you to complete probation and pay fine and once you complete your sentence, your criminal case would get dismissed.

Alex Esquire :

Does that make sense?

Customer: What does probation mean?? As in what does it involve?
Alex Esquire :

It depends.

Alex Esquire :

If it is a supervised probation, then you would be required to check in with probation officer once a month and stay out of trouble for the duration of probation.

Alex Esquire :

If it is unsupervised probation, then you would need to simply not get into any criminal trouble.

Alex Esquire :

Does that make sense?

Customer: Ok...it does make sense. I'm just really scared.
Alex Esquire :

Don't be scared.

Customer: The papers say initial hearing...what does that mean?
Alex Esquire :

Unfortunately, you already confessed to filing a false report, so it would be easy for the state to pursue their case, based on the confession and statements you made to the police investigator.

Alex Esquire :

Initial hearing means that you will enter a plea of "Not Guilty".

Customer: So now I'm confused...
Alex Esquire :

Basically, it is important for you not to panic and not to be nervous, the crime that you have been charged with is relatively minor and as I said it is not likely that you would face any jail time, based on the fact that it is a first criminal offense for you.

Alex Esquire :

What are you confused about?

Customer: I guess the not guilty plea
Alex Esquire :

Well, it is always a good idea to plead not guilty.

Alex Esquire :

Every defendant is presumed innocent, until proven guilty.

Alex Esquire :

By pleading not guilty, you would gain some leverage which your local attorney can use to negotiate a plea bargain deal for you.

Customer: Ok...could a plea deal possibly be made if I can contact a criminal attorney before the initial hearing date?
Alex Esquire :

Generally not.

Alex Esquire :

You would still have to attend the initial hearing, but from there on your attorney can work on a plea

Alex Esquire :

You can find an experienced and reputable local criminal defense attorney by using these well trusted and reliable attorney information / referral websites:

Alex Esquire :

www.martindale.com

Alex Esquire :

www.justia.com

Alex Esquire :

www.lexmundi.com

Alex Esquire :

www.lawyers.com

Customer: Ok...if I can afford one...would they be able to join me at te initial hearing
Alex Esquire :

ABSOLUTELY

Customer: Ok, thank u
Alex Esquire :

Your local attorney should be able to be with you every step of the way of this process and it is more than likely that things will work themselves out.

Alex Esquire :

Please try not to worry too much about this situation and speak to a local criminal defense attorney as soon as you get a chance.

Customer: Do I just do a search for the local criminal defense attorney for the county I reside in?
Customer: Ok...thank you very much for your help
Alex Esquire :

correct

Alex Esquire :

As I said, this is a relatively minor misdemeanor charge and your should be fine.

Alex Esquire :

Thank you and please click on the "Excellent Service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required. I wish you all the best.

Customer: Ok thanks again
Alex J. Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you!
Dear Shelley,

Thank you and good luck!