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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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i filed a police report of being raped and our house being

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i filed a police report of being raped and our house being burgalarized. What is my penalty?

Kirk Adams : Hi - thanks for your question.
Kirk Adams : Are you saying that the police reports were untrue?

yes, I made it up

Kirk Adams : Ok.
Kirk Adams : What state is this in?


Kirk Adams : Ok. Thanks. Let me look up the statute.
Kirk Adams : As you know, filing a false police report is a criminal offense.
Kirk Adams : Here's the statute:
Kirk Adams : SECTION 16-17-722. Filing of false police reports; knowledge; offense; penalties. (A) It is unlawful for a person to knowingly file a false police report. (B) A person who violates subsection (A) by falsely reporting a felony is guilty of a felony and upon conviction must be imprisoned for not more than five years or fined not more than one thousand dollars, or both.(C) A person who violates subsection (A) by falsely reporting a misdemeanor is guilty of a misdemeanor and must be imprisoned not more than thirty days or fined not more than five hundred dollars, or both. (D) In imposing a sentence under this section, the judge may require the offender to pay restitution to the investigating agency to offset costs incurred in investigating the false police report.Thus, you really want to stay away from this if at all possible. You should be able to file a motion to dismiss if you are the charging party.

I don't understand. What should avoid?


Is the police department not the charging party?

Kirk Adams : You are the charging party IF you filed the police report.

What do you mean IF I filed a report? I wouldn't be in this situation if I didn't file a report.

Kirk Adams : It was a simple statement - - the charging party is the person who makes the report - - signs a false affidavit.

Do I need a lawyer?

Kirk Adams : Thus, the police would not be the charging party; you would be.
Kirk Adams : If you are charged, you should definitely consider hiring an attorney to assist you with defending the matter.
Kirk Adams : However, the best initial action would be to withdraw the charges/ask the police to drop the investigation.
Kirk Adams : IF you are charged, you can likely get an attorney to help get you a plea agreement in place to keep you from a felony conviction and jail time.

okay. they arrested me but did not mirandized me

Kirk Adams : Well, you don't have to be read your Miranda Warnings.

I specifically ask if I needed a lawyer, and the said no. I am out on PR

Kirk Adams : The deal with Miranda is that IF you're arrested and they do not give you your warnings, anything you say cannot be used against you.
Kirk Adams : If you're out without bond, then it's not likely that they're considering charging you with a felony - - which is a good thing.
Kirk Adams : If they were looking at a felony charge, you'd likely be looking at having to post a bond.

so to sum it up I need to ask them to drop the case but get a lawyer just in case.

Kirk Adams : IT would be best to consult an attorney about approaching the authorities about dropping the charges and putting this behind you.

Are DA's good?

Kirk Adams : Do you mean public defenders?

oops, yes

Kirk Adams : Ok.
Kirk Adams : Yes, public defenders are attorneys just as any other. They get a bad wrap because their success rates are much lower than private lawyers. However, that's unfair because public defenders are not allowed to pick what cases to take - - they have to take every case that is assigned to them.
Kirk Adams : This is in direct contrast to what private attorneys can do -- they can pick what cases they want to take, and they usually try to take only those cases they can win.

Thank you for your help.

Kirk Adams : No problem. THANK YOU for allowing me to assist. Please let me know if you need anything further.
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