How much jail time am I facing for filing a false police report and admitting to it? 12 Answers as of December 12, 2011

I filed a police report about being beaten and robbed of $560.00. I am an ex felon with one strike. I called them back a few days later to stop the police report, but they didn't so I admitted I lied and they arrested me for filing a false police report. My question is since I didn't accuse anyone and I am the only one arrested, how much time if any am I looking at? I have a steady career job and a car and a house. Could I lose this by getting any jail time?

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The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Yes you can potentially go to jail.
Answer Applies to: California
Replied: 12/12/2011
Attorney at Law | Dorinda Ohnstad
Filing a false police report is a violation of Penal Code Section 148.5, which carries a maximum sentence of 6 months in the county jail. Your prior criminal convictions could mean that the DA or the judge (if sentencing is left up to the judge because there isn't a stipulation as to jail time made with the DA) could give you more jail time than someone with little or no criminal history. With that said it still won't exceed six months. Given that you admitted to the falsity of the statement before they investigated the alleged crime should help limit any jail time that the DA would otherwise seek, or the judge might otherwise impose. There is no minimum jail time, so jail time is not an automatic. Hopefully, you are not on parole or probation in any felony matters as that would be the greater concern for you. Right now the county jails are strained given the new sentencing of low level felony offenses to serve county jail time rather than prison time. For that reason most counties are freely allowing defendants sentenced to do alternative sentencing (community service, work release, and ankle monitoring for instance) for longer sentences than previously. Therefore, it is likely that your job will not be jeopardized if you can opt for alternative sentencing. In addition, most inmates serving short terms are being released early due to overcrowding. As to your house there shouldn't be an issue, so long as of course you can keep your job.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
Yes! If you do not get a good lawyer to help you. You have a serious situation on your hands. With one strike behind you, your next felony could double the sentence if you are charged with a felony, which could be as great as 32 months state prison time. Your first priority should be to get a good lawyer to mitigate this case down to a misdemeanor and then further reduce to consequences to a no- jail result.
Answer Applies to: California
Replied: 12/12/2011
Law Office of Daniel K Martin
Law Office of Daniel K Martin | Daniel K Martin
In California there is no crime of 'filing a false police report'. In theory this conduct could be punished under Penal Code 148.1, resisting, delaying or obstructing an officer. This charge is a misdemeanor and it is punishable by up to a year in county jail. I am not sure why you made the false police report, if it was to perpetrate a fraud then you could be charged with a felony.
Answer Applies to: California
Replied: 12/12/2011
Grant & Grant
Grant & Grant | Richard L. Grant, Esq.
Jail time will depend on a number of factors and possibly can be avoided. Suggest you waste no time to hire an experienced criminal defense attorney who practices regularly in the court where you case will be heard.
Answer Applies to: California
Replied: 12/12/2011
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    The first question I have is "Why?" Why would you do such a thing with a strike in your past? That aside, and assuming there are not other circumstances (say, reporting a vehicle stolen to collect insurance money), this is probably a misdemeanor. You should know by the charges. If it is a misdemeanor, the maximum penalty is 6 months of jail and a $1,000 fine. As such, your "strike" prior would not come into effect except that the judge might be a little harsher on you, depending on the circumstances. If a felony is filed, that is a much different situation: The "strike" doubles the base term for the current offense (for most low-end felonies, the base term can be selected by the judge from 16 months, 2 years, 3 years, so doubled it would be 32 months, 4 years, or 6 years); if sent to state prison, you would be required to do 80% of the time imposed [half-time without a strike]; and you would be presumptively ineligible for probation. So, for you, there's a big difference. As to your job, that is up to your employer. I hope this helps. Keep on the straight and narrow because your strike will never go away. Always keep that in mind.
    Answer Applies to: California
    Replied: 12/12/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    There is always a chance that the DA will decide not to issue the case and nothing further will come of it. If the case is issued (or if it already has been) then it is very difficult to predict how much, if any, custody you would receive. It depends on many factors including the age and type of strike prior, your age, your circumstances in life, and why you made the false report. The law has recently changed regarding custody and will most likely work in your favor. Good luck.
    Answer Applies to: California
    Replied: 12/12/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Filing a false police report is a misdemeanor and is punishable by no more than one year in the county jail. with the jails as over crowed as they are the chance that you would do less than a week are good.
    Answer Applies to: California
    Replied: 12/9/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Depending on your employer, you could lose your job if you are convicted or even arrested for this crime. Your best course of action is to hire an attorney. The filing of false police reports in California is taken very seriously. The fact that you have one strike prior does not bode well in your defense.
    Answer Applies to: California
    Replied: 12/9/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    What an incrediblystupid thing to do and them compound it by talking to the police. Didn't you learn anything in the joint. If you are on parole get ready to hang with your jailhouse homies. If not you will probably get some county time tho if you had no record you would have gotten court probation.
    Answer Applies to: California
    Replied: 12/9/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    A false police report is only a misdemeanor. While some jail is probable with your past, I would not expect it to threaten your job. Especially with work release programs. A good attorney could be helpful.
    Answer Applies to: California
    Replied: 12/9/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    In general, filing a false police report (Penal Code section 148.5) is a misdemeanor, so we're not talking about a felony or the strike really factoring in. Having said that - of course they'll know of your prior record and factor that in when deciding what plea offers to make you. You've got a lot on the line - it's probably worth consulting with a couple of local criminal defense attorneys that routinely practice in the court where your case will be heard. They'll be able to better advise you of your options, based on the local practice and their working knowledge of the court.
    Answer Applies to: California
    Replied: 12/9/2011
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