How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111543
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

What is the penalty altering a report with words

Customer Question

What is the penalty for police altering a report with words that were not on an original report to make it seem like something happened in georgia
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
The GA law that speaks to tampering with evidence is as follows:
O.C.G.A. 16-10-94 (2010)
16-10-94. Tampering with evidence
(a) A person commits the offense of tampering with evidence when, with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person, he knowingly destroys, alters, conceals, or disguises physical evidence or makes, devises, prepares, or plants false evidence.
(b) Nothing in this Code section shall be deemed to abrogate or alter any privilege which any person is entitled to claim under existing laws.
(c) Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a felony and involving another person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years; provided, however, that any person who violates subsection (a) of this Code section involving the prosecution or defense of a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1 and involving another person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. Except as otherwise provided in this subsection, any person who violates subsection (a) of this Code section involving the prosecution or defense of a misdemeanor shall be guilty of a misdemeanor.
Please assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Also, if you need a refund, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer. Best wishes for 2015!
Customer: replied 1 year ago.
Within Clayton county Georgia what are the police inter department rules from one police changing or altering to another
Customer: replied 1 year ago.
"this is for maverick" what about Clayton county police 👮 in or around Jonesboro, Georgia. What are the guidelines for change of a report (official report) from one arresting police to a transfer of custody
Customer: replied 1 year ago.
What are rules within the department and whether those rules are violated in purposely adding to a report with the intent of incriminating a person arrested
Customer: replied 1 year ago.
Is it unlawful to approach the assistant solicitor general with matters involving the case or unwitty to request a fine when the judge is approached. Is it possible under circumstances special for a criminal matter to settlement out of court, the matter is for state court and from
What was research there is a maximum of one year or $1000 fine. When the court mandates mental assessment, does that count towards a proposed sentence.
Customer: replied 1 year ago.
Can there be prosecution for several marital engagements in Georgia, what's the maximum fine,sentence and determination and for California and Georgia what are the fees to get rid of records for misdemeanors. In addition I want to file against the police department in civil court so this is the reason it was requested Clayton county procedures on alteration of reports when there is an arrest made, transport occurs, and transfer of custody from one police to another occurs
Expert:  Maverick replied 1 year ago.
I am sorry but I am not qualified to answer your follow-up questions so I opted out at no cost to you. Your deposit is still in tact and hopefully a more qualified expert can assist you. Please do not respond to this message. That will make it so other experts can view your questions.
Customer: replied 1 year ago.
What about unlimited questions for seven days, who answers the important questions
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. I am a different contributor looking forward to working with you to provide you the information you are seeking for educational purposes only.
Please understand, experts are not employees of this site, the experts get no credit for spending time with customers when customers do not leave positive feedback for the expert. Failure to leave positive feedback for experts can result in experts no longer responding to your inquiries.
The Clayton PD rules state officers are to comply with all laws. In addition to the law provided by the previous expert, changing or altering a police report with false information is also a violation of OCGA 16-10-26, false report of a crime, which is a misdemeanor punishable by up to 12 months in jail.
It is not illegal to approach the solicitor or DA to negotiate a plea deal in a criminal offense, although most will not speak to a defendant directly and will require they get an attorney because anything a defendant says to the solicitor can be used against the defendant and they do not want to violate the defendant's 5th or 6th Amendment rights.
Bigamy is illegal in GA and under O.C.G.A. 16-6-20 (2010)
16-6-20. Bigamy
(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.
(b) It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.
(c) A person convicted of the offense of bigamy shall be punished by imprisonment for not less than one nor more than ten years.
That is up to you to present evidence to the Police or DA about for them to pursue.
Fees to get rid of misdemeanors in GA or CA depend on the attorney you use. In CA there is no expungement of convictions, so that means it costs a bit more to try to vacate the case if there was a conviction. If there was no conviction in GA or CA, then it costs about $800 per charge to expunge.
Customer: replied 1 year ago.
So specifically for the Clayton county police department that operates in or around specifically Jonesboro Georgia a police by departmental rules may not knowingly and wittingly add to and therefore alter a previous co-workers report when changing detainee from vehicle to vehicle and in the event that the original recording police had written a report and passed such report on to the new police that did the actual transport to booking. The police talked with each other to alter original transporting police statement elsewise whether the "chief" got ahold "of this, he'd flip" and the police underline two words in the original report and had a jaw-dropping smile as the report was written over in the new police hand writing with specific words that were known to be on the original report.Can a witness to the original words from police be tracked down and made to make a statement in court or is this alteration permitted by Clayton county police inter-office standards. One source stated that it was not illegal whether cited correctly and that the instances for allowance depended on the department rules and that change of a such report was not illegal.If the original writing of the police was worded to have meant exposed instead of graphic, later content of document, what department rule for Jonesboro Georgia Clayton county police is established for protection against such instance (specific about and to Clayton county Jonesboro police on main street in Jonesboro and Tara blvd.(on or near Tara blvd in Kroger grocery shopping ctr...specifically want information about Clayton county inter-department rules so a write-up might occur whether a transfer of the police has not already occurred).
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is correct, the police officers are prevented from violating the federal, state and local laws under their rules and the state laws forbid them from filing false police reports and obstructing justice or tampering with evidence.
If you have witnesses that the report was changed to contain false information, then you need to present that evidence in court to fight the charges. Once you prove in court that they falsified the report, then that is sufficient gross misconduct to overcome the statutory immunity from suing a police officer/department and sue them for violation of your rights.
Customer: replied 1 year ago.
How does Georgia law work this way.There is a statement required from a business that was told to leave. I am not to be on the property, how can the company be contacted for a statement in a civil matter. Can the business be forced to provide a information about what police originally stated should it reveal new information about a court matter
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You cannot contact the company for a statement in a civil matter, you would have to issue a subpoena for them to either come to court or to take their deposition in front of a court reporter. You can get their statements in either of those two ways.
Customer: replied 1 year ago.
How does the process go for a statement in a criminal matter that will possibly lead to civil matter
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Any statements in a criminal matter would have to be done through testimony in court or your attorney can motion the court for a deposition with the witness before the DA's office at the court's discretion.