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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118167
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have been charged with filling a false police report. Situation:

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I have been charged with filling a false police report. Situation: My husband and I got into a physical fight. I left the house, upset and drove to the police station. I parked the car and called my husband, because I really didn't want to go in...just thinking about what to do. As I was speaking to my husband, a police officer came up to the window. Saw I was upset, smoking, talking on the phone and had two black eyes. He asked me to come in the station -- I said no --but he said I had to. In the station he asked what happened, I said my husband had got physical with me, etc, but I didn't want to press charges, he said it didn't matter, he had to file a report and arrest him. I said I didn't want him arrested, but just wanted them to make him leave...they essentially said too bad. At any rate the police man asked later in during the interation if I had been drinking, I said yes around 11-12mn...this situation (at the police station) was around 5am. At any rate, they had me do a breath test...I blew 0.113. At this point the said they were taking me back to the house since they didn't want me to drive and they were going to arrest my this point I said I didn't want him arrested and I never wanted a report against him and I'd retract all I said.. We got to the house, the confronted my husband with my elligations and he denied them... During my initial altercation with my husband, after the physical stuff, I kinda had a break down... I was screaming etc...sitting on the basement steps putting my head up and down on the rail to try & scare him, wake up my kids, so the physical stuff would not continue. My husband video tapped me doing this, mind you an hour or so after the initial long story short when the police asked him if he hit me he said no and "played" the video to policeman stating I caused the injuries to myself. So the DA said no prob cause to arrest him for assault and today I got a paper in the mail staing I am being charged with a making a false police report!!! I think this is crazy. I never wanted a police report filed in the first place...I did not lie about anything I told the police, and in fact begged the police not to arrest my husband. Just because the police in this instance decided to play bmedical doctors and come to the conclusion I was lying...believe my can they say I filed a false police report?
I am sorry to hear you are in this situation and unfortunately, the police and DA take Domestic Violence so serious that they do not give the parties involved any chance to make a decision or any right to make any decisions regarding charges. Once police see some evidence of alleged abuse, unfortunately they are legally bound to investigate.

In this case I understand your situation as well in that they have no proof that your husband did not hit you before the incident he videotaped with the railing, which is considered reasonable doubt. The police's job on the scene is not to play doctor and come to a conclusion, but to look at whatever evidence they have and document it and submit it to the DA who then has the duty to present a case in court "beyond a reasonable doubt."

Evidently, the DA considered your statement to the police that you recanted everything because you did not want them to charge your husband together with the video to conclude the first statement you made to the police was not correct. However, the DA is still going to have the burden to prove that the initial beating by your husband did not take place before the railing incident and this is where you can present evidence that the railing did not cause the black eyes or injuries observed to the court and that is how reasonable doubt is established.

Unfortunately, in domestic violence cases the commonwealth is the victim, meaning your husband could not drop charges if he wanted to do so as he is not the victim, PA is the victim, so it is going to be up to your attorney now to first negotiate this with the DA to try to get a dismissal (generally with some counseling ordered) or to present your case in court to raise reasonable doubt.

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Customer: replied 4 years ago.

Thank you. I just went and saw an attorney. My husband is an attorney (partner) at a huge firm, so in the end, I don't want to have him in trouble, as that will result in many $ issues for me and my children: re: him not having a job. I am now concerned that they may later charge me with a DUI even the attorney I saw brought this up. Thoughts?? How should my attorney go about trying to have it dismissed...just so I know?

Sorry for the delay in responding to you, I did get tied up yesterday with other work.

It is always a concern regarding the other spouse's job I am afraid, but at this point you need to protect yourself and the children physically as well. Your attorney will go meet with the DA and argue your point that you never approached the police to pursue charges at any time, they made you tell them about the incident and had the officer never approached you none of this would ever have happened.

As far as the DUI, it is a possibility they might do this because he did see you sitting in the car, but there is nothing you can really do other than your attorney arguing the officer lacked probable cause for the test or the charge.
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Customer: replied 4 years ago.

Thank you. I understand. You have been of great help. One last question (I promise). I am a professor at a University...could I get fired for something like this if the charges are not dropped??? What do you think I should do outside of finding an individual mental health person, as I think this whole thing is going to come down to me being "crazy". After the incident, the DA asked if I should be 302'd...of course there was no grounds for such. Also, the local police have been to our house like 3-4 times in the last 3 year years ref: domestic stuff...once two years ago I was charged with assault...dismissed as I completed anger mang. prior to court date.. Do you think because of these incidents this is all going to be worse for me?

The charges are misdemeanor charges, the university should not fire you for this type of charge. Because of the prior domestic charges it may make the DA wary of dismissing these charges, yes. However, as you have no prior convictions it is more likely than not the DA will be agreeable to at least some deal with your attorney, such as a deferred adjudication and if there are no further issues in the probation period they will dismiss.

I noticed you seem to get a refund of your deposit, experts receive no credit for spending time with you unless you leave good feedback. Thank you.
Customer: replied 4 years ago.

Thank you. I rated you. Did you not get credit!!

I did now. Thank you. It may have been a glitch in the system. Thank you very much.
Customer: replied 4 years ago.

Great!!! Thanks again.

Thank you.