If a person gives a false police report and you are arrested, what can be done? 39 Answers as of July 11, 2013

False statement giving and I was charged and arrested for attempted murder, what can I do to get my money back for my bond and fees?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer if you need specific legal advice for your particular circumstances. Most attorneys provide free initial consultations. The act of filing a false police report is a criminal act that potentially be charged as a felony or misdemeanor depending on the circumstances. However, it can be hard especially hard to prove beyond a reasonable doubt. Generally, those charges are initiated directly from the prosecutor's office after they determine that the initial filer of the police report committed the alleged act. However, those types of charges are relatively rare. If a person is acquitted or if they have their charges dismissed, they will get their bond back as long as they did not hire a bondsman. If someone uses a bondsman, they'd have to negotiate with the bondsman. Most bondsman do not refund any money.
Answer Applies to: Michigan
Replied: 11/11/2011
Levine & McHenry LLC
Levine & McHenry LLC | Matthew McHenry
If you can prove that it was based on a false report, you could sue the person who filed the false report.
Answer Applies to: Oregon
Replied: 10/21/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Was the other person charged with filing a false police report? That would help your cause because if so, paying back any fees you encountered could be a part of a restitution order or you could then sue him civilly for the damages. It would be hard for you to recover otherwise.
Answer Applies to: Michigan
Replied: 10/20/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Obviously, the most important issue is to vigorously defend against any criminal charges. That may require hiring an investigator to acquire evidence inconsistent with the police report. After the criminal case is completed, you could consider a lawsuit for defamation. However, such lawsuits are not simple and rarely result in collectible awards against individuals who are not wealthy.
Answer Applies to: Minnesota
Replied: 10/18/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
You can always bring a civil action against the person if, in fact, it is proven that he intentionally gave a false statement.
Answer Applies to: New York
Replied: 10/18/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information such as was the charge dismissed or is it still pending etc. After the case is over if you attended all court appearances you can apply to the court to get bond money back.
    Answer Applies to: New York
    Replied: 10/17/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Have known that what they said was false. If you can prove this you have an action in civil court. If you can recover any money will depend on if the person making the statements has any assets or insurance that covers this.
    Answer Applies to: California
    Replied: 10/17/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You need to consult an attorney regarding a civil lawsuit to recover damages.
    Answer Applies to: Kansas
    Replied: 10/17/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    I would advise you to report the matter to the police in order to build a criminal case against the person for filing a false report. The goal would be to have the person charged and convicted of filing a false police report. As a victim of a crime, the court can require the defendant to reimburse you for the bond fees as a condition of his probation.
    Answer Applies to: Minnesota
    Replied: 10/17/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    If you can prove that a false report took place, you can let the police know and ask them to file charges for making a false claim. If they don't, I would reccomend speaking to an attorney about him filing a private criminal complaint.
    Answer Applies to: Pennsylvania
    Replied: 10/17/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Were you tried and convicted of the case? Were charges dropped, because the prosecution was informed of the false statements? If so, consult with an attorney who practices civil law to see if you have a case against this lying witness. If the case is pending, of course, concentrate on beating the case first, and for sure, hire a criminal defense lawyer right away.
    Answer Applies to: Illinois
    Replied: 10/17/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    First you will have to defend against the charge and either have it dismissed or be aquitted. Once that happens, you may have a civil cause of action against the person filing the false report. The problem is, even if you obtain a judgment against that person, there is no guarantee that you would be able to collect any money from them. As for your bond, that should be returned, or at least most of it once the charges are dismissed.
    Answer Applies to: Michigan
    Replied: 10/17/2011
    Law Office of Pashan Movasseghi, Esq.
    Law Office of Pashan Movasseghi, Esq. | Pashan Movasseghi, Esq.
    To answer your question, I would need to know more about the status of the criminal case against you.
    Answer Applies to: New York
    Replied: 7/11/2013
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    You must first prove that the person knowing and intentionally filed a police report. If proven, the person may be exposed to civil liability for their actions.
    Answer Applies to: Connecticut
    Replied: 10/17/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    The claim is against the person who gave the false report. You should call an attorney you trust to discuss the costs and benefits. The loss you suffered in economic terms and future losses are important. The ability of the person who gave the report to pay damages is also critical.
    Answer Applies to: Texas
    Replied: 10/15/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Have you been found not guilty? If so, then you might be able to sue the person. If not, you need to focus on the criminal charge.
    Answer Applies to: Texas
    Replied: 10/14/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Is the murder case against you still going? Did you show that it was a false statement. If the criminal case against you has been resolved talk to an attorney about suing the person who made the false statement.
    Answer Applies to: Michigan
    Replied: 10/14/2011
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    Sue them! But they have to have money or most attorneys won't take case!
    Answer Applies to: California
    Replied: 10/14/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You can sue the person who made the false report. Be careful as it has a one year time limit.
    Answer Applies to: New York
    Replied: 10/14/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You should sue this person. Note that the bail bond company will not return bail fee.
    Answer Applies to: California
    Replied: 10/14/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    You can file a law suit against the person for malicious prosecution.
    Answer Applies to: Florida
    Replied: 10/14/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You can try and sue the person who made the false report. You need to hire a civil plaintiffs attorney though.
    Answer Applies to: Texas
    Replied: 10/14/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    You don't provide enough facts. What proof do you have that it is a false police report? Were they arrested and charged with filing a false report? If the police were acting on information from the alleged victim, that usually satisfies probable cause and there is not much burden for them to investigate further. Is your case over? Were you acquitted? Were the charges dropped? If your charges are still pending, I suggest you stop worrying about money and focus on the fact that you are facing up to 25 years in jail.
    Answer Applies to: New York
    Replied: 10/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you're being charged with attempted murder, the least of your concerns should be how to get your bond money back. You need to hire an experienced lawyer to present your case competently. False or not, charges have been filed, so it's pointless to think about what you "could have" done. Focus on what you need to do going forward, and without an attorney you're toast.
    Answer Applies to: California
    Replied: 10/14/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you were cleared of all charges, and a person made the charges against you out of spite, or they were totally baseless, you may have a cause of action against the person who made the false statement in a civil court.
    Answer Applies to: Alabama
    Replied: 10/14/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should immediately hire an experienced criminal defense attorney in your local area. Depending upon the severity of the issue providing false information to a police officer that results in the arrest of another party could impose civil and potentially criminal liability. If you are seeking compensation for expenses associated with your arrest then you may potentially want to consider filing a civil suit against the other party for defamation or another intentional tort.
    Answer Applies to: Louisiana
    Replied: 10/14/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You can sue that person civilly to get your costs back and may be able to go after them criminally for abuse of process or malicious prosecution.
    Answer Applies to: New Jersey
    Replied: 10/14/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Unfortunately, there is likely no way to get that money back. You could attempt to file a civil suit against the person who gave the false information, but that will probably not be an easy suit to prevail on.
    Answer Applies to: Minnesota
    Replied: 10/14/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Count your blessings that the allegation was shown to be false. There are many people in jail who are innocent. You can seek a civil suit but it will be difficult to find a lawyer willing to get involved unless you were in custody for some time. In all likelihood you are out of luck for fees and bond.
    Answer Applies to: New Hampshire
    Replied: 10/14/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    First, you want to hire an experienced criminal defense attorney. Talk to the attorney about it and your attorney can speak to the prosecutor. As the defendant, you should not talk to the cops at all. Resist the temptation to tell "your side of the story" to the police. Let your lawyer do the talking. The attorney should be able to help prove the liar to be a liar in court. Assuming you are acquitted. You may look at suing the liar for malicious prosecution. Bear in mind there is a two-year Statute of Limitations on that claim and you would have to prove that person lied with the intent to see you prosecuted.
    Answer Applies to: Washington
    Replied: 10/14/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You can sue the person that made the false report, but as long as the police were acting appropriately and made an arrest based on probable cause, there doesn't appear to be a lawsuit against the police. You will have to be able to prove the report was false to satisfy a judge. If you were jailed for a significant amount of time and lost more than just the bond money, your damages may be higher. It's worth discussing face to face with a personal injury attorney, but I'd make 1,000% sure there is no criminal case pending against you and that it's been closed.
    Answer Applies to: California
    Replied: 10/14/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    You cannot get money back, bond is insurance. As soon as you get out of jail, the premium is due. You need to speak with an attorney.
    Answer Applies to: California
    Replied: 10/14/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    Sue them.
    Answer Applies to: California
    Replied: 10/14/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    The possibility of prevailing on a suit in this instance is 1) a low probability and 2) any potential success is very specifi and fact driven. Take the relevant police reports and the verdict of aquital and talk to an attorney.
    Answer Applies to: California
    Replied: 10/14/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Your very short statement raises lots of questions in my mind. Unfortunately, I cannot give you a definitive answer. Attempted murder is a very serious charge. I assume you had legal representation, at minimum, a public defender. I would consult with that individual as they can best answer your question.
    Answer Applies to: Washington
    Replied: 10/14/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Sue the person that gave the false report. It is called defamation. You need to do it within one year of the defamation. The burden of proof is higher, so you need to have good evidence that the person gave a false report (like the person being charged with filing a false report). You also need to ask yourself if this person is worth pursuing. If they have no assets, you won't win much more than a warm fuzzy feeling of vindication.
    Answer Applies to: New Jersey
    Replied: 10/14/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You could sue for the money you spent if you can prove that someone knowingly lied to have you arrested but you cannot sue the police unless they know the witness was lying and set you up.
    Answer Applies to: New York
    Replied: 10/14/2011
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