How does my daughter get the false police report corrected if it is forwarded to the prosecutor's office? 43 Answers as of July 08, 2013

My daughter "A" had a person (her sister B) that attacked her and file a false police report stating false facts and reversing the situation. She did this to hurt her sister but with her "A" being a school teacher it could blemish her future. Except for some lost hair the only injury was a bit finger which was done by "A" to prevent her “b" from choking her. Their ages are 35 and 40, “a” has 3 witnesses that saw it to include their mother that would testify it was a false report. It took 3 weeks to get a copy of the police report; she went to the prosecutor’s office but was told it may be in for review and as of now no summons as been issued.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
She doesn't. The police report is a report that they will not change. Just because someone made a report does not mean what is said is true. If the employer takes action based on that the employer is opening themselves up to a lawsuit. That is why that they would wait to see the outcome of the case. She needs an attorney.
Answer Applies to: Michigan
Replied: 1/24/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Any admissions to filing a false report could result in charges.
Answer Applies to: Kansas
Replied: 1/20/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There appears to be no warrant no arrest and I would leave this one alone. To correct the police report you might be able to arrange a meeting with the reporting officer and have your witnesses provide a statement to the officer as to what happened. This may cause the officer to file an amended report and to arrest the person giving the false report.
Answer Applies to: Alabama
Replied: 1/20/2012
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Your daughter should hire an attorney who can help her navigate these issues. Do not do this alone. An attorney can help her in determining what to say and how to approach the investigators/police/prosecutor. There is too much at stake for your daughter. If she is convicted of an assault, it could very well jeopardize her job as a teacher.
Answer Applies to: Washington
Replied: 1/19/2012
Law Office of Christopher G Humphrey PC | Christopher G Humphrey
A bit finger to keep the other from choking them does not seem like a false report of battery to me. They may have he wrong person under investigation, but something happened. In Wyoming, and most states, once the report is at the DA's office, the victim does not have any say on whether charges will be pressed or not. You must convince the DA not to file charges.
Answer Applies to: Wyoming
Replied: 1/19/2012
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    A police report cannot be changed. The police department may issue a supplemental report but that is usually done following further investigation, not because the suspect objects to the accusations. Your daughter needs to get a lawyer right away. Unless her sister recants to the prosecutors (and maybe even if that happens), this case is headed for a trial.
    Answer Applies to: Maryland
    Replied: 1/19/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    If there is a false police report, you can correct the false info and send a statement to the district attorney. You may want to contact an attorney before speaking to the DA but the truth can be helpful.
    Answer Applies to: California
    Replied: 1/19/2012
    Law office of Robert D. Scott | Robert Scott
    You need to wait to see if the prosecutor actually files charges in the case. If no charges are filed, there is no issue to be resolved. If charges are filed, then your daughter "A", may need to go to trial with her witnesses.
    Answer Applies to: Maryland
    Replied: 1/19/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    "A" should probably get a lawyer to help her out, especially if the case is being reviewed by the DA's office. "B" will need a lawyer if it turns outage gave a false report to the police. They both might need a lawyer if they are both charged with domestic violence, if they are living together. If their stories don't change...that's what trials are for.
    Answer Applies to: California
    Replied: 1/19/2012
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Speaking generally, if no charges are issued, there should be no issue and no record. It appears the prosecutor is reviewing the file. Ultimately, if there is proof that the police report was falsely filed, it could result in charges against "B." I'd recommend that both your daughters potentially get lawyers since they both may or may not be charged and what they say and do during the pending investigation will be very important. Both your daughters are presumed innocent until proven guilty beyond a reasonable doubt.
    Answer Applies to: Michigan
    Replied: 1/19/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    No way to get the report corrected at this point.
    Answer Applies to: Nebraska
    Replied: 1/19/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    You need to forward all to that the report was false to your attorney.
    Answer Applies to: Texas
    Replied: 1/19/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    There's not much you can do to "correct" a police report. The narrative portion of the report is hearsay anyway and not admissible in a Georgia court. It only becomes something to worry about if formal charges are brought.
    Answer Applies to: Georgia
    Replied: 1/19/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    An unusual question, but a sure example of sibling rivalry! I think your daughter needs to grow up and act like the adult she is (according to her age). Certainly daughter B needs to be taken over your knee and given a good spanking. As for your question, I would suggest that you personally go to the police and inform them, WITH PROOF, that the accusations made by B were false. They are not going to believe you without independent witnesses to co-oberate A's version of what occurred. You may have to get an appointment with the prosecutor. However, if no charges are filed in the case, this unfortunate incident should not harm A's reputation. Perhaps, you should hire a civil attorney and discuss possible civil charges to be brought against daughter B as well, although it sounds like she may be in need of professional help.
    Answer Applies to: Illinois
    Replied: 1/18/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Police Officers generally do not "correct" their reports if a person provided false information. Police Officers will write a supplement report regarding the false information if other persons involved in the case (including the original suspect and or witnesses) provide statements. I would advise hiring an attorney to help assist your daughter in resolving this matter with the police department and prosecutor's office.
    Answer Applies to: New Hampshire
    Replied: 1/18/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    It is up to the prosecutor to determine whether to press criminal charges against "A" and whether to file criminal charges against "B" for filing a false report.
    Answer Applies to: Michigan
    Replied: 1/18/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Whop ever made the false report can be charged with making a false report if they come clean. However, the truth will prevail with all the witnesses and credibility of the complainants. Hire an aggressive criminal trial lawyer to fight this. Sounds like a web of lies that needs to be untangled slowly.
    Answer Applies to: Texas
    Replied: 1/19/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You could call the original officer and let him or her know that the witness wishes to add some information to the police report. The person who lied could then be prosecuted for false reporting.
    Answer Applies to: Washington
    Replied: 1/18/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Other than getting a lawyer if prosecution is filed, there is nothing to do since there is no arrest or conviction or citation to expunge without any case existing/being filed.
    Answer Applies to: Pennsylvania
    Replied: 1/19/2012
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    You need to retain an experienced criminal defense Attorney to gather her witnesses statements, and any other evidence to present to the Distict Attorney to convince him not to file the case against her. This would prevent a much greater expense in Attorney's fees, and stress and risk for your daughter if charges are filed, and she would have to defend herself at Trial.
    Answer Applies to: California
    Replied: 1/18/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    She does not get it corrected. It reflects what her sister said.
    Answer Applies to: California
    Replied: 7/2/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can't. It is too late. And your daughter should not try to explain things at this stage. Law enforcement is extremely skilled in twisting a suspect's words around, so whatever you say will not be what ends up in a police report. At this point she can help her case (suck less) by not talking and potentially incriminating herself. Let the lawyer go to court and expose the alleged victim's lies.
    Answer Applies to: California
    Replied: 1/18/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There's. Nothing you can do at this time.
    Answer Applies to: New York
    Replied: 7/2/2013
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Be aware that a false police report is a criminal act itself, so try to let the girls know to handle this carefully and do not speak to the DA about it. Depending on the DA's policy, the DA may accept an affidavit of non-prosecution. Some DA's offices let alleged victims file these but the affidavit which the DA provides expressly states the events occurred "Exactly as stated in the offense report" so that the DA can use it as evidence later, then the DA's office decides on its own whether or not to proceed. Best to get a lawyer to draft one for you that neither admits nor denies the false report or the act in question. Option 2 is to have the witnesses say it never happened, they talk to the DA, the sisters (your daughters) do not. This should (note should but not guaranteed) cause the DA to drop the action cold. Of course the risk remains that the DA will charge Daughter B with False Report. Option 3 is the most expensive and only necessary if the DA presses charges: Sister B refuses to speak to DA, Sister A gets good lawyer who immediately demands trial. Sister B continues to refuse to cooperate, and if not served, does not show up for court. Sister A demands to move forward on trial, DA has no evidence, offers dismissal, Sister A's attorney refuses and demands trial, State Rest, Directed Verdict of Acquittal granted, State must immediately EXPUNGE the arrest and all records. If sister B is served with a subpoena to appear at trial, she gets lawyer (friend of Sister A's lawyer) who appears asserts the 5th Amendment, keeps Sister B off stand, DA must choose, proceed without Sister B or give immunity. Sister B's Atttorney demands full immunity (not just transactional) and DA grants or denies, if denied, Sister B stands on 5th, no evidence and case proceeds to directed verdict of acquittal, records expunged, etc. If DA gives full immunity (now sister B cannot be charged with false report) Sister B testifies that she was angry, scared and lied to cops, witnesses back up story, Sister A is Acquitted, records expunged, etc.
    Answer Applies to: Texas
    Replied: 1/18/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    While it is under investigation and no charges have been filed then there is nothing public and no manner by which to change anything. If charges are filed then she will need a lawyer who can work to get it dismissed or set it for trial. If charges are eventually filed and result in an acquittal or.dismissal, she will have to then expunge the charge to.get it off her record. If no charges are filed, there is no record. (Daughter B could be charged with filing a false police report.)
    Answer Applies to: Texas
    Replied: 1/18/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You cannot "correct" a police report, only refute it. If the prosecutor files charges then its the time to do so. It may be a good strategy for "A" to contact police and tell her side of the story and the police may then file a supplemental report.
    Answer Applies to: Washington
    Replied: 1/18/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    The facts you describe are confusing; they need clarification. One thing is certain; both A and B were involved in some type of Assault and Battery. Both could be charged. Both therefore have a 5th amendment rights to remain silent. If both A and B hire separate lawyers; the lawyers will help both through the process of asserting their 5th amendment rights. All charges should ultimately be dismissed unless the prosecutor can prove the assault by other witnesses who were present. Tell A and B to hire separate criminalattorneys.
    Answer Applies to: Massachusetts
    Replied: 1/18/2012
    Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
    Although in my experience DA's do not usually like or respond to early intervention when they are reviewing law enforcement reports for potential criminal filing, you might want to consider hiring experienced criminal defense counsel to do such an intervention, including witness statements that show where the reports are false. More likely, however, you are going to have to do this 'after' a criminal complaint is issued if the law reports are sufficiently convincing to the DA who reviews them.
    Answer Applies to: California
    Replied: 1/18/2012
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    The police report itself will not blemish her record. The police are only reporting allegations and in no way is it any proof of wrongdoing. If the District Attorney decides to go forward she will have to fight the case and get it dismissed. It would be a good idea for her to get representation immediately. This way her attorney could contact the police/DA to determine whether or not an arrest is going to be made. If one is to be made it can be arranged so that she will not be "arrested" but instead will be able to go to the police precinct to be processed. This will also allow her attorney to inform the police not to interrogate her.
    Answer Applies to: New York
    Replied: 1/18/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If your daughter filed a false police report that could have an innocent person arrested she could be charged with a misdemeanor and faces prosecution. You should retain a good lawyer to handle the situation and get the facts straight while protecting your daughter. You should make it clear to your daughter that it is extremely vindictive and foolish to lie to the police to get an innocent person in trouble.
    Answer Applies to: New York
    Replied: 1/18/2012
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    You can contact a criminal defense attorney who will meet with you and explain that you can submit a request for correction letter to the department, asking them to correct the report.
    Answer Applies to: California
    Replied: 7/8/2013
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    The best way is to hire a skilled attorney who can properly investigate this case and present the proper perspective to the DA to try to make sure no charges are filed against your daughter and to further urge the prosecutor to prosecute the other person for False Reporting.
    Answer Applies to: Colorado
    Replied: 1/18/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    What summons is supposed to be issued? Either your daughter was arrested or she was not arrested. If she was arrested, then she is on bond,and waiting for an arraignment date. The police report is not going to be corrected, but there may be a jury trial. I recommend that your grown daughter, who may lose her career if this thing goes sideways, retain an attorney.
    Answer Applies to: Georgia
    Replied: 1/18/2012
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    Your daughter has the right to file a police report against the other girl of she was attacked or injured. By doing so, charges can be brought against the other party, which may convince the other girl to not proceed against your daughter. I would advise you to contact a local attorney for further advice on how to proceed with this.
    Answer Applies to: Massachusetts
    Replied: 1/18/2012
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    Prosecuting attorneys have very large case loads and unfortunately the ones that get the most immediate attention are the ones in which third parties are encouraging a quick resolution. It might be helpful for your witnesses to write an affidavit stating their observations then have it notarized and presented to the prosecutor. This might help the prosecutor dispose of the case quicker and possibly file charges against the party that filed the false report. As a teacher your daughter will want to get this resolved quickly, I recommend she hire an attorney that can work with the prosecutor to move things along and to protect your daughter's rights.
    Answer Applies to: Arkansas
    Replied: 1/18/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If the matter resulted in criminal charges, she would not make any correction with police. Instead she would communicate with the prosecutor or a victim's advocate who is enlisted to discuss the court proceedings with her.
    Answer Applies to: Minnesota
    Replied: 1/18/2012
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    None of that information will bear on the "correctness" of the report; the officer just writes down what people told him and documents the steps in his investigation. The issues you raise are things that will be considered in deciding whether or not the prosecutor will file charges, what kind of plea offer the prosecutor will extend to "A", and what the jury will hear at trial. If I were taking this case, I would have a conversation with the prosecutor off the record-A should not speak to the prosecutor, and see if it could be dismissed on the merits. If not, it may be time to talk about a trial, as those are good facts.
    Answer Applies to: Missouri
    Replied: 1/18/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    I would suggest hiring an attorney to review this. Statements you describe could actually reinforce the wrong person getting charged, Therefore, you would be best to hire an attorney to review this and follow up with the Prosecutor's office to investigate the status of the incident and possible warrant.
    Answer Applies to: Michigan
    Replied: 1/18/2012
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    The bigger problem is that she can be accused with making a false police report. She should hire a lawyer before she does anything.
    Answer Applies to: Pennsylvania
    Replied: 1/18/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    It is not possible to grasp all of the facts of what happened, based on your brief statement of what happened. The prosecutor's office (State's Attorney) makes the final decision of who gets charged and who is a defendant. The Police Officers are usually instructed to write a report which summarizes their interviews of people and other investigation. It is never one hundred percent possible to completely know who is lying and who is not. Most competent officers will usually include in their reports their opinion of a witness's credibility. If there is conflicting evidence or testimony, then they will usually comment on it. Nothing stops you or her from trying to speak to a police officer to clarify what really happened. You may also consider just leaving the situation alone.
    Answer Applies to: Illinois
    Replied: 1/18/2012
    John P Yetter | John Yetter
    A police report that does not lead to criminal charges can be expunged after the statute of limitations runs. If charge are filed you fight the charges at trial. If you win, the case can be expunged. If you have further questions, please contact a qualified Illinois lawyer. Your daughter may want to consider representation at this point regardless.
    Answer Applies to: Illinois
    Replied: 1/18/2012
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