Can he press chargers for false accusations? 51 Answers as of July 02, 2013

My friend just got served papers for protection of abuse for an incident. The thing is, everything in those papers were lies. He had been taping every conversation since August and can prove the allegations against him were lies. when he gets into court, can he press chargers for false accusations?

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Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
He needs to hire a lawyer to defend him. Once the case is dismissed, then the lawyer or he can talk to authorities about charges for false report to a peace officer.
Answer Applies to: Texas
Replied: 1/13/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Well yes he can do that but here is the other question, did the person know that he was taping them? If not and he has no court order for it then he can be charged with criminal wiretapping.
Answer Applies to: Michigan
Replied: 1/10/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend your friend retain a lawyer. Things are especially complicated if a person, who is charged with an offense, wishes to press criminal charges because what they say and do can and may be used against them by the police. Their statements may be incriminating and the police may question it's credibility. Accusations of criminal conduct are usually handled by the police and up the prosecutor. If a person feels like they have been victimized by criminal activity, they should contact the police. However, the situation can be very complicated in situations where the person already has a "relationship" with law-enforcement. If the statements are potentially incriminating, I strongly advise the individual to obtain council prior to contacting the police.
Answer Applies to: Michigan
Replied: 1/10/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
If the court finds that the person who made the accusations had done so falsely, that poerson could be subjected to perjury charges should the prosecuting atorney choose to do so. The court can refer the case to the prosecuting attorney.
Answer Applies to: Alabama
Replied: 1/9/2012
Law office of Robert D. Scott | Robert Scott
Yes, he can press charges for abuse of process, as well as, false report to a police officer.
Answer Applies to: Maryland
Replied: 1/9/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    First he needs to defend himself against the charges against him and then can talk to the prosecutor to see if they will file charges. He should hire an attorney.
    Answer Applies to: New York
    Replied: 1/5/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    His taping the conversations may not be legal and he should retain an attorney to make that initial determination. The attorney can ask the prosecutor to investigate the matter to determine whether the complainant made a false police report. Even if you tape some of the conversations it does not mean that other conversations were not made. The tapes, if admissible in court may be used to exonerate the defendant and they may show that the complainant lied to the police. You cannot sue the authorities, but you can sue for malicious prosecution and have the person that made the false complaint arrested if it is clear that they lied intentionally or made statements under oath that were proven to be perjury. If they signed a supporting deposition that was a lie they may also be charged with perjury. If they testify in court falsely they can also be charged with perjury.
    Answer Applies to: New York
    Replied: 1/5/2012
    Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
    There are at least two problems here. First, concerning the protection order, this is a 'he said/she said' situation that your friend should (or possibly already did) have a chance to dispute before a judge before a final order is issued. Second, and most importantly, taping a conversation with another person without advising that a recording is being made and their consenting to being recorded is a FELONY. Do not do it, and please do not attempt to introduce those tapes into evidence at the protection order hearing.
    Answer Applies to: California
    Replied: 1/5/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Yes, get his case dismissed and then you can press charges against the complainant.
    Answer Applies to: Texas
    Replied: 1/5/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    Unless there is absolute proof to file a charge of filing a false report, then no.
    Answer Applies to: Texas
    Replied: 1/5/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    Restraining orders come down to what evidence if any is presented and who is the more believable person. If allegations are lies that is something for the court to determine.
    Answer Applies to: Wisconsin
    Replied: 1/5/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Your friends needs to hire a lawyer to produce the evidence and have the person who accused him charged with False reporting to the police. The prosecution is the only person who can charge someone with a crime.
    Answer Applies to: Nebraska
    Replied: 1/5/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    "Pressing criminal charges" is always the function of the criminal authorities. If, at trial, it becomes obvious that the allegations against your friend are "lies", the court, the prosecuting authority or the appropriate police agency can choose to criminally charge the person making the false allegations. Your friend can obviously defend himself using the evidence you describe. The choice whether to charge the complainant criminally is not his to make.
    Answer Applies to: Minnesota
    Replied: 1/5/2012
    Myles A. Schneider & Associates
    Myles A. Schneider & Associates | Myles Albert Schneider
    False statements to law enforcement is a crime. However, if someone publishes false statements about another that is defamation. Defamation is a civil cause of action that must be perused in civil court. Whether to sue someone for a civil cause of action is usually a monetary determination (cost vs. benefit) because civil courts award money as damages.
    Answer Applies to: Arizona
    Replied: 1/4/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Criminal charges can only be brought by the prosecuting attorney. As for a civil claim of malicious prosecution, what are the damages and even if successful, how would he collect.
    Answer Applies to: Michigan
    Replied: 1/4/2012
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Maybe. He should probably discuss this in person with a criminal defense attorney in his area. He does not want to open himself up to wiretapping charges.
    Answer Applies to: Georgia
    Replied: 1/4/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    There is no such thing as "pressing charges." he can certainly use it to win his case in court. If the judge or DA feel he/she has lied under oath, they could decide to file the appropriate charges.
    Answer Applies to: California
    Replied: 1/4/2012
    Law Offices of Mitch Furman | Mitch Furman
    Most states have wire-tapping laws, which make it illegal for you to tape conversation without the other person knowing about it.
    Answer Applies to: Illinois
    Replied: 1/4/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Only the police or prosecutor can file formal charges. If he thinks she has perjured herself, he can take what evidence he has to them.
    Answer Applies to: Georgia
    Replied: 1/4/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    NH makes it a crime to record without consent, so friend may not be able to prove anything without getting into trouble.
    Answer Applies to: New Hampshire
    Replied: 1/4/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    He should make a police report for false reporting.
    Answer Applies to: Wyoming
    Replied: 1/4/2012
    The Law Offices of Laura A. Walker | Laura A. Walker
    Its doubtful the State would press charges. He should get an Attorney, and have the Attorney present the evidence to the District Attorney.
    Answer Applies to: Wisconsin
    Replied: 1/4/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It is illegal in California to tape record someone without his/her consent, so that evidence might get him in more trouble. Secondly, when he goes to court for his case, the court will only hear "his case." Matters relating to other defendant(s) is irrelevant and won't be heard. If he wants to press charges, that is another case, another day.
    Answer Applies to: California
    Replied: 1/4/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    First, he needs to prove his innocence, and should hire a criminal defense lawyer for that part of the case. He can sue the party making the false charges civilly for false arrest, but will need a privaste attorney who practices civil law for that case, and will face filing fees and lawyer's fees to pursue that cause of action.
    Answer Applies to: Illinois
    Replied: 1/4/2012
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Citizens do not press charges, he may be able to file a law suit. He should contact a lawyer to discuss a law suit.
    Answer Applies to: California
    Replied: 1/4/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Might want to be careful with the taped information. It may be illegal. See penal code sections 630 and following.
    Answer Applies to: California
    Replied: 1/4/2012
    John P Yetter | John Yetter
    In Illinois only the State's Attorney has the authority to file criminal charges, though there are allowances for the police to file the original complaints. Ususally in a case of false accusations, civil suits are used to recover damages if the State chooses not to file. I would caution about attempting to use recordings - Illinois law does not allow an individual to record another without their permission.
    Answer Applies to: Illinois
    Replied: 1/4/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If a person is charged in a criminal case; the charges are from the people of the State of California. The charges would be based upon evidence supplied to the District Attorney. If that evidence is false; it is up to the District Attorneys investigating office to determine the falsehood. If the District Attorneys office does not investigate fully and does not conclude the statements are false it is up to the Defense to bring the evidence to show it is false. You do not have a case in criminal court for false arrest however you do have a civil court for defamation of character.
    Answer Applies to: California
    Replied: 1/4/2012
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    Be very careful with taped conversations. If they were secretly taped, it is a felony and the tapes cannot be used in court
    Answer Applies to: Maryland
    Replied: 1/4/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    He could file a police report, but it is unlikely that a prosecutor would pursue any charges. He could ask for costs as part of the protection hearing.
    Answer Applies to: Minnesota
    Replied: 1/4/2012
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Yes, it's a crime in Minnesota to file a false police report. You should contact the police and file a complaint against the accuser and supplement it with your tape recordings.
    Answer Applies to: Minnesota
    Replied: 1/4/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Win a criminal matter, whether charges are filed against this person, is up to the prosecutor. I don't know enough about the facts.
    Answer Applies to: Washington
    Replied: 7/2/2013
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Your friend can certainly file a police report and submit the evidence. It is up to the prosecutor to charge the case.
    Answer Applies to: Washington
    Replied: 1/4/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Your friend may be liable for illegal eavesdropping. This is a much more serious offense than the subject of your letter.
    Answer Applies to: Illinois
    Replied: 7/2/2013
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    From your description, it sounds like your friend was taping conversations without the other person's consent. If this comes to light, he could be facing felony eavesdropping charges. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.
    Answer Applies to: Illinois
    Replied: 1/4/2012
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    Yes, if he can prove they are false he should contact whatever prosecutor is in that court or at least contact the police and file a report.
    Answer Applies to: Arizona
    Replied: 1/4/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    He's been taping what conversations? Does he realize there are laws in California against wiretapping or taping personal conversations without permission? I don't know what you mean by "protection of abuse for an incident." Does this mean he is being accused of domestic violence? If so, he needs to get a lawyer-either a private one or a public defender-to work on his defense. The issue of false accusations (eg, abuse of process or malicious prosecution) are civil issues that he can address when and if he successfully defends the criminal case.
    Answer Applies to: California
    Replied: 1/4/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    He can't "press" criminal charges, but he can use the information to defend himself in the restraining order hearings, as well as making a police report for perjury. I assume the allegations filed against him were signed under penalty of perjury.
    Answer Applies to: California
    Replied: 1/4/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    He can report this to the district attorney to press charges.
    Answer Applies to: California
    Replied: 1/4/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If he can prove what is being claimed isnothing but lies a pissed off DA could easily get the person charged with perjury if they testify. Some DAs would do it in a minute to send the word out to those liars who think they can set someone up if they dislike the person. Fortunately your friend taped all of this. But be careful because this person might testify that nothing was said in those conversations but they had several face to face conversations where the victim wasn't able to tape. I'd have your lawyer go quietly to the DA and lay out the tapes.
    Answer Applies to: California
    Replied: 1/4/2012
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    Unfortunately people make false allegations all the time. He can bring false charges. Hopefully, the court won't issue them.
    Answer Applies to: Massachusetts
    Replied: 1/4/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If the truth comes out in his favor, he can pursue pressing charges for filing a false police report and/or he could sue them civilly for defamation and possibly other claims. Seek out an attorney for more detail and information.
    Answer Applies to: Michigan
    Replied: 1/4/2012
    Ascheman & Smith | Landon Ascheman
    He cannot press charges for false allegations. That is an option for police for prosecutors. But what he can do is confront the allegations. He needs to hire a qualified attorney knows how to confront orders for protection.
    Answer Applies to: Minnesota
    Replied: 1/4/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    From the limited information that you are providing, it appears that your friend was served with a Protective Order which alleges that he abused another person with whom he has a relationship. People cannot just "press" charges against someone else. The police take a report of an alleged criminal offense, investigate the allegation and potentially seek an arrest warrant for the suspect based upon the criminal offense. However, you did not include any information on whether or not your friend was arrested. I would suggest that your friend speak with an attorney about his situation immediately to review the paperwork that he received and discuss his options.
    Answer Applies to: New Hampshire
    Replied: 1/4/2012
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