How can I get out of the charge of giving false information to a police officer? 7 Answers as of November 28, 2011
I was arrested for false information to a police officer because when he asked me who was on the floor boards, I did not realize he was speaking to me and I said, "Who?" whereupon he said who is that there on the floor boards? I said, "is there someone on the floor boards?" I had not seen or heard the person who was on the floorboards and fully expected that if there were someone there, they would announce themselves. I did not lie.Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereLaw Office of Daniel K Martin | Daniel K Martin
I am not certain of the exact charge the officer arrested you for, I suspect it is penal code 148.1 our 148.9. However the way you describe it the case should not be filed by the district attorney. In situations like this I find that a person's prior criminal history can have a major influence on the out come. If you have never been in trouble before then I would expect thuds case to go away. Although it is possible that the officer may not be truthful and that can be a problem.
Answer Applies to: California
Replied: 11/28/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Get an attorney. This is bizzare. From your facts, you did not provide false info, you aske a question. Sounds more like resisting or delaying but that could be difficult to prove, on your facts.
Answer Applies to: California
Replied: 11/16/2011
Law Office of Anthony Sessa | Anthony Sessa
You should please not guilty and fight this case.
Answer Applies to: California
Replied: 11/16/2011
Law Offices of Paula Drake | Paula Drake
The issue seems to be whether it was reasonable to believe that you did not know that someone was there. If they were right in front of you, if they said you let them be there, etc. then it is not a reasonable inference that you did not know. However, if the facts seem to suggest that maybe you did not know e.g. the floorboards were in a location where you would possibly not have known, if the person says they snuck onto the floorboards, or other such facts, then maybe your lawyer can sell it to a jury.
Answer Applies to: California
Replied: 11/15/2011
Law Office of David Baum | David M. Baum
This appears to be a matter of misunderstanding. It appears that a skilled attorney may be able to get the charges dropped.
Answer Applies to: California
Replied: 11/15/2011
Rizio & Nelson | John W. Bussman
It's impossible to answer your question without thoroughly reviewing the officer's report. I have no idea what the officer claims you did / said. There is no simple answer for you. Talk to a lawyer. Your lawyer will be able to access the evidence against you and to evaluate possible defenses.
Answer Applies to: California
Replied: 11/15/2011
Law Office of Joe Dane | Joe Dane
There isn't just a magic answer anyone can give you to "get out of" the charge. You're looking at criminal charges that can carry potential probation, jail and a conviction on your record. There are elements of any criminal offense, including false information to a peace officer under 148.9. First, you have to be lawfully detained. I'm not sure all the details of your situation, but if you were not detained or it was an unlawful detention, then the prosecution is missing an element of the crime. Next is whether or not you did anything intentionally. You're going to have to be represented by an attorney - look for a local criminal defense attorney that routinely practices in the court where your case will be heard. Sit down with them to discuss the details and any factual or legal defenses you may have.
Answer Applies to: California
Replied: 11/15/2011








