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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26496
Experience:  16 yrs. of experience including criminal law.
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My daughter was arrested because she call the police after her son father took him from he

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My daughter was arrested because she call the police after her son father took him from her home without her knowing and before his scheduled visitation. There is a trespassing order against him permitting him from entering the property because of prior threats he's made, and this is why she initially call the police, he called letting her know that he was on his way to her home to take back his son. Three week in a row prior to this she made attempts to drop off her son to his father at the court ordered time and place for schedule visitation that his father never show up to pick up their son. And she was arrested because he told them he has full custody of their son, which is not true. His custody date ended on 1st of July and He the child father is the one who returned him to my daughter. He has of yet return her son to her and had her arrested. She is now being charged with reporting false kidnapping and that it could be a felony and do serious time in jail. We really need HELP!!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Sorry, not sure I understand the question. You want to know if she can be prosecuted for lying to the police? If not, can you let me know what is your question please?
Customer: replied 1 year ago.

She told the truth but the officer believe the father had custody. So if she didn't lie how can she be prosecuted. What do we need to do to have these charges dropped. She never said kidnapping only that he took him from her

Expert:  P. Simmons replied 1 year ago.
Thank you

And I am sorry for this dilemma.

It is not a crime to report this if she truly believed the father had the children without proper authority.

Can you tell me the status currently? Has she been arraigned on the charges? Has she actually appeared in court or is that still pending?

Customer: replied 1 year ago.

She has been arraigned and has a court date in 2 months. She doesn't have a lawyer and can't afford one will she get a public defender.


 

Expert:  P. Simmons replied 1 year ago.
Thank you

If she can not afford an attorney and is facing a felony charge, then the court is required to provide her an attorney. She should request this from the judge at the next hearing.

Again, if she told the truth? Or at least she believed what she was saying was true? Not a crime

Under California law it is a crime to make a false statement to police.

But you mention that she is facing felony charges...I suspect that there is more to the story. What you describe, filing a false report of a crime, is a misdemeanor under CA law. This comes from California Penal Code Section 148.5

So if she is facing felony charges? There is more to the story...OR the district attorney made a significant mistake.

If there is more to the story...if there is other charged misconduct that has led to felony charges, then it may be she has a more difficult case to defend.

If that is all that happened...she made a report she believed to be true and they are bringing felony charges? Well....I suspect her lawyer will be able to help her through this...at a minimum be able to get the charges reduced to a misdemeanor charge.

But even then, they police have to prove she lied...if she believed what she said to be true? Again..not a crime...and the state has the burden to prove her guilt beyond a reasonable doubt. SO if that is what happened...I suspect her lawyer will be able to get her through this.

But I would be cautious...it sure sounds like there may be more to this story that your daughter is not sharing with you.





P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26496
Experience: 16 yrs. of experience including criminal law.
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