What happens after I filed a false police report? 61 Answers as of May 30, 2013

I filed a false police report saying my boyfriend hit me (he was already on probation for hitting me) because he cheated on me and the other girl and I got into a fight and she gave me a black eye, I was so mad at him I said it was him. If I tell the truth will I go to jail? and will he still be prosecuted?

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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 to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. The alleged act of filing a false police report could result in criminal charges ranging from misdemeanors to felonies depending on the alleged conduct.
Answer Applies to: Michigan
Replied: 6/21/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
You have really made a mess of things. If you tell the truth you could be charged with filing a false police report. If you lie you run the risk of a perjury charge. THis is a lose-lose proposition. Get a lawyer and have the lawyer tell the DA you will not proceed because of a 5th Amendment problem. This is lawyer code for the lawyer telling the DA you do not want to show up because something is wrong. The DA will most likely drop the case. If you do get subpoenaed and have to show up you can refuse to testify citing the Fifth Amendment. You do NOT have to give a reason for why you are taking the 5th. But what a stupid thing to do. Why didn't you just file charges against her? Anyhow, if this guy beats you up AND cheats on you, get another boy friend.
Answer Applies to: California
Replied: 4/13/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should hire an attorney and disclose all the details. You could very well get in trouble for false report but an attorney may be able to keep you out of jail.
Answer Applies to: New York
Replied: 3/26/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
Lying to the police is a crime. You should not confess to a crime without first consulting an attorney.
Answer Applies to: California
Replied: 3/26/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
It is a violation of the law to give false information to a police officer. A person doing this will generally be charged for this. Giving false information for a police report is considered serious. However, just because you are charged with this violation does not mean that your boyfriend charges will be dismissed.
Answer Applies to: California
Replied: 3/26/2012
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You would be charged with a misdemeanor for making a false report.
    Answer Applies to: Alabama
    Replied: 3/26/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Your admission to the truth may convince the prosecutor to drop the charges against your boyfriend an charge the real person responsible, however, they may tend to believe the first report as more accurate because it is common for people to recant their stories to protect a loved one. If they believe you, you could be charged with falsifying a police report.
    Answer Applies to: Kansas
    Replied: 3/23/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    When you say you filed a false police report I assume you mean you filed an affidavit with the police saying he hit you. Executing an affidavit you know to be false constitutes the crime of perjury, which in Mississippi is a felony punishable by up to 10 years in the penitentiary. If you go to Court and falsely testify that he hit you, then you have committed perjury again, which means you could be looking at a total of 20 years in prison. I'm not saying that's what will happen, but that is what could happen. I hope you realize now how serious a matter it is to file a false police report. I advise you to hire a local attorney who is experienced in dealing with the District Attorney in your jurisdiction to see if he/she can resolve this matter without you being prosecuted for perjury and without you making any more false statements. Whatever you do, I strongly advise that you _*do not*_ go to Court and falsely testify that your boyfriend hit you.
    Answer Applies to: Mississippi
    Replied: 3/23/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    In Illinois it's a felony offense to file a false report of anything to the police.
    Answer Applies to: Illinois
    Replied: 3/23/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    Yes, you could get in trouble. Yes, they could still prosecute. Hire an attorney to protect you. There are potential options.
    Answer Applies to: Kansas
    Replied: 3/22/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You could go to jail but if you are now saying that it was not him, then the charges would be dropped against him.
    Answer Applies to: Michigan
    Replied: 3/22/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You might get charged with filing a false report. Your boyfriend's case will probably get dismissed.
    Answer Applies to: New York
    Replied: 3/22/2012
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    Quite possibly, he will be prosecuted. The police and D.A. are probably going to be skeptical of your new information in recanting your original story. They see this all the time, with spouses and girlfriends changing their stories to protect their spouse or boyfriend from jail etc. You should get your own attorney to represent you as you'll be making an admission to commission of a crime,"filing a false report," yourself.
    Answer Applies to: California
    Replied: 3/22/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    You may be liable for filing a false police report, however you also have the right to not incriminate yourself by testifying and you may invoke the right to remain silent. You should consult with an attorney regarding your rights and how you may be able to correct the false report and protect your boyfriend from a false charge.
    Answer Applies to: Nevada
    Replied: 3/22/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    The sooner you come forward with the truth, the less likely it will be that you will face charges for filing a false police report.
    Answer Applies to: Washington
    Replied: 3/22/2012
    William L. Welch, III Attorney | William L. Welch, III
    The State's Attorney decides whether to prosecute, regardless of what the witness(es) might desire. False statement carries a possible 3 year sentence.
    Answer Applies to: Maryland
    Replied: 3/22/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you come forward with the truth at this time, very likely, your boyfriend may be released from the new charge, but not necessarily from the probation hold. The Court may conclude that you are not telling the truth to try to protect your boyfriend and they may find sufficient reason for revoking his probation. You also may be facing the possibility that you can be charged with making a false report and could be facing some serious jail time. You certainly have a duty to suffer the consequences if you have falsely accused someone of something they did not do.
    Answer Applies to: Alabama
    Replied: 3/22/2012
    The Law Offices of Laura A. Walker | Laura A. Walker
    Its pretty hard to put the toothpaste back in the tube. Of you lied morally you should say so. In the legal sense, especially if your in Kenosha, its not likely they will stop prosecution because a victim recants. There is a provision in the stats for filing a false police report and it is a crime I have never seen it prosecuted.
    Answer Applies to: Wisconsin
    Replied: 3/22/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes.
    Answer Applies to: California
    Replied: 5/30/2013
    L. JONES LAW FIRM, PLLC
    L. JONES LAW FIRM, PLLC | Leon Jones, Jr.
    This is a very tricky proposition. You can be prosecuted for filing a false police report. I'm not sure whether the Prosector will dismiss the charges for your boyfriend. You need to contact an attorney for additional advice.
    Answer Applies to: Arkansas
    Replied: 3/22/2012
    Law office of Robert D. Scott | Robert Scott
    You could be prosecuted for filing a false police report and subjected to jail time plus fines.
    Answer Applies to: Maryland
    Replied: 3/22/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes.
    Answer Applies to: Texas
    Replied: 5/30/2013
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    Unfortunately, your telling the "truth" now will not effect his case, as victims change their testimony in most cases. Unless you have proof that you lied, it will not help him. You could get charged with filing a false report.
    Answer Applies to: California
    Replied: 3/22/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    The truth will set you free. You could be prosecuted for filing a fake report, but if you don't tell, then your BF can go down for a crime he didn't commit. You need to hire an attorney to protect your interests.
    Answer Applies to: Texas
    Replied: 3/22/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    Get a lawyer and don't say another word. People retract their stories all the time in domestic violence cases. You don't have to talk to the police or prosecutor if you don't want to and they can't make you. If you tell them you have an attorney, they will have to talk to your attorney. The prosecution can however serve you a summons to make you show up for Court; go with your attorney. When they call you to testify you will exercise your 5th amendment right not to testify. At that point they either give you immunity or you don't testify. In a domestic violence case, they can't win without you. If they give you immunity, you can say you lied and your boyfriend will win he case.
    Answer Applies to: Colorado
    Replied: 3/22/2012
    Law Offices of Steven R. Hunter | Steven Hunter
    If you filed a false police report, being prosecuted is possible. The likelihood depends on your jurisdiction. In Cook County, I consider it unlikely, however, likely enough that you should hire a lawyer. The prosecution of your boyfriend can go forward if the State's Attorney feels he has sufficient evidence.
    Answer Applies to: Illinois
    Replied: 3/22/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes, you could be prosecuted and if convicted, yes, you could go to jail. You will also have a criminal record that you would have to disclose if asked by your employer.
    Answer Applies to: Washington
    Replied: 3/22/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You need to talk to a lawyer. Do not talk to police or anybody else.
    Answer Applies to: New Hampshire
    Replied: 3/22/2012
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    It is a crime to file a false police report. You may want to hire a lawyer to help you out of this jam. You may also want to contact your boyfriend's lawyer to tell his lawyer what really happened. You should know that anything you tell your boyfriend's lawyer could be used against you. That lawyer's job is to protect your boyfriend, not you. That's another reason why you may need your own lawyer to help you and in the process, maybe help your boyfriend.
    Answer Applies to: Maryland
    Replied: 3/22/2012
    Gigstad Law Office LLC
    Gigstad Law Office LLC | Robert Gigstad
    You could be charged for filing a false police report, in Kansas that is a Class A Misdemeanor. If you tell the prosecutor then it is likely the charges against your boyfriend will be dropped, but you do risk facing charges yourself.
    Answer Applies to: Kansas
    Replied: 3/22/2012
    Law Office of Gregory Crain | Gregory Crain
    Maybe.
    Answer Applies to: Arkansas
    Replied: 5/30/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You shouldn't go to jail if you tell the truth. It is possible, but not likely. It is far more likely that he will go to jail if he was already on probation for the same thing. Get a lawyer asap and explain it to him/her. It sounds like you don't want him to go to jail and I can understand both that and your anger for him cheating. But get a lawyer to you can both avoid jail.
    Answer Applies to: Massachusetts
    Replied: 3/22/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    You probably will be charged with filing a false police report. If so you will probably be fined and possibly given a suspended jail sentence. If you recant your charge he probably won't be prosecuted since you're the victim.
    Answer Applies to: Louisiana
    Replied: 3/22/2012
    John P Yetter | John Yetter
    Filing a false police report can be a felony. You should consider hiring counsel to help you assert your 5th Amendment privilege, which may protect you and halt the prosecution against your boyfriend.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    There is a possibility of getting a ticket for false reporting, and interference. In 4 1/2 years I have seen this charged only once. Most likely nothing would happen if you tell the truth. But, there is a possibility that you could face up to 6 months in jail and a 750 fine maximum or both. I would be shocked if they prosecuted you, but different counties do different things.
    Answer Applies to: Wyoming
    Replied: 3/21/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Normally, you could be prosecuted. They will have to serve you for the trial if they want you to testify. By serve you that would mean a hand delivered subpoena for the trial. If you don't get served then you won't have to testify. If you get served then you may want an lawyer to insure your right are protected.
    Answer Applies to: Nebraska
    Replied: 3/21/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Get an attorney to help you plead the fifth and not testify at trial - you have committed a crime of false reporting and testifying to the truth will give the DA all the evidence he needs to convict you. He did not commit a crime, but the GF did.
    Answer Applies to: Colorado
    Replied: 3/21/2012
    The Law Firm of Hayley A Silverberg, PLLC | Hayley Silverberg
    Technically, you could be charged with filing a false report. Most likely the charges against him will be dismissed.
    Answer Applies to: Michigan
    Replied: 3/21/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You have a duty to report to the prosecuting attorney your lie, you have accused an innocent person of committing a serious crime. You could end up going to jail, if you have a bad background, however, in all probability, you will get some kind of probationary sentence. You are facing disorderly conduct, filing a false police report, charge, or if the prosecution wants, (and I really doubt this), perjury charges for swearing out a false complaint against your boyfriend. If you clear this up, the prosecutor should drop the charges against your boyfriend.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If they chose to do so, criminal charges can be filed against you. He will be prosecuted if the DA thinks he committed a crime, you said he did.
    Answer Applies to: California
    Replied: 3/21/2012
    Bruce Plesser | Bruce Plesser
    Go to the prosecutor handling bf's case and tell them what you did. You'll probably be ok if you do the right thing.
    Answer Applies to: Florida
    Replied: 3/21/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    It all depends on what Court you are in - it is possible you could be charged.
    Answer Applies to: New Jersey
    Replied: 3/21/2012
    Law Office of J Edward Jones | J Edward Jones
    If you tell the truth, you could be prosecuted for giving false information to a police officer. If you don't tell the truth, your boyfriend could go to jail based on your allegations. If you tell the prosecutor that you lied, and the prosecutor believes that you lied, then the charges against your boyfriend would be dismissed. If the prosecutor believes that you are lying about making up the charges, your boyfriend could still be prosecuted based on the original statement.
    Answer Applies to: Utah
    Replied: 3/21/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    He'll still be prosecuted. They will just use your first statement to try to convict him if you change your statement.
    Answer Applies to: Nevada
    Replied: 3/21/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Your best option is to hire an attorney You have a 5th amendment right to remain silent and anything you say can be used against you in a court of law. If you do not testify in your boyfriend's case there is no case against him and his case is likely to be dismissed. If you say anything; you could be prosecuted for filing a false report. You should hire an attorney. J
    Answer Applies to: Massachusetts
    Replied: 3/21/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If you tell them you lied, you may not go to jail. If they believe you, they will dismiss his case. If not, they will prosecute him.
    Answer Applies to: Alabama
    Replied: 3/21/2012
    Myles A. Schneider & Associates
    Myles A. Schneider & Associates | Myles Albert Schneider
    Filing a police report is a crime. More importantly, crimes of violence against domestic partners are enhance-able. In other words, each time a person is charged with domestic abuse the charges are more and more serious. You need to get a lawyer to contact the police before things get to the prosecutor. The police do not like to be pawns for other people's domestic problems, more importantly, if a prosecutor goes through the process of filing a complaint against your bf and then you come forward with the truth, you are most certainly going to be prosecuted for falsely providing information to a police officer. What's worse is that your boyfriend can sue you for defamation.
    Answer Applies to: Arizona
    Replied: 3/21/2012
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    I have never yet seen the District Attorney prosecute a domestic violence witness who changed her story on the stand. They have the evidence - your testimony - that they need to get a conviction. They won't believe that you lied, and don't care. They want the conviction. Prosecuting you would be prosecuting their own witness. Perjury, on the other hand, which is lying under oath, is a felony, and much more serious than filing a false police report, which is just a misdemeanor, so you would be much, much better off telling the truth now, regardless of whatever false threats the Victim-Witness unit makes to you. \ I very highly doubt you would ever really be prosecuted. Also, and especially with a prior, the consequences to you, even if you were prosecuted, would be much, much less severe than to your boyfriend, who could be facing a felony. Shame on you, but at least you're admitting it. Now, go do the right thing.
    Answer Applies to: California
    Replied: 3/21/2012
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    You could be charged with False Report. That may result in a jail sentence dependent on many factors including whether you have a prior criminal record. Most likely the charge against him would be dropped.
    Answer Applies to: New Hampshire
    Replied: 3/21/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I have handled hundreds of cases where the girlfriend falsely accuses the boyfriend because she is mad at him, usually for cheating. Often, they were abused or assaulted and after he is arrested and about to go to jail, the girlfriend wants to say she lied and try to save their abusive boyfriend. Either way you are a foolish and dishonest woman who should make better decisions. If you are so evil and vindictive that you would have an innocent person arrested then you should get a year in jail. Even id he assaulted you before, it does not give you the right to falsely accuse him and manipulate the criminal justice system to seek revenge. That is an arrogant, immoral, and immature action of a very bad decision maker. I run into people like you in the witness chair all the time who accuse my clients falsely and I appear for the sentencing and request the maximum prison sentence. You need to tell the prosecutor that you lied and hope that he does not arrest you for perjury. If you have the money, and I somehow doubt that you do, you should retain a good criminal lawyer to negotiate the case and protect you from being arrested while getting your boyfriend off, if they believe you. If they took photos of the bruises or fresh cuts they will know you might be lying. That might cause them to threaten you with perjury which carries a maximum of a year in jail if you just sign a deposition and 7 years if you testify falsely in court. I am an officer of the court and I do not like to see the criminal justice system perverted by people like you. The prosecutor will also not be pleased by your foolish behavior and will want to see you go to jail. Retain a good lawyer to try to get justice here. If this sound harsh and critical it is because what you have said you did is a despicable and serious crime that could put an innocent man in prison for several years and that is a travesty of justice.
    Answer Applies to: New York
    Replied: 3/21/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Whether he is still prosecuted depends on whether they believe your new version of the events is the truthful version or whether you are lying to help him out of trouble. You absolutely can and will be arrested for filing a false report and will face up to one year in jail. You should hire a criminal lawyer before making any decisions.
    Answer Applies to: New York
    Replied: 3/21/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    Filing a false police report is a misdemeanor, and in theory, you could be incarcerated. You also have a 5th amendment right not to testify, given that any testimony in his case will either be perjury (a felony), or an admission to filing a false police report. Do not tell the police that you lied. Instead, you should hire an attorney who can help you assert your constitutional right not to incriminate yourself. Without your testimony, the State cannot prove a case against your boyfriend, and the case should be dismissed.
    Answer Applies to: New Hampshire
    Replied: 3/21/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    You could potentially be charged with providing false information, which is a misedemeanor, but that is unlikely, and you probably wouldn't face much more than a fine and probation. He could still be prosecuted however, as the State would likely view you as a recanting witness, and try to proceed based on the original allegations.
    Answer Applies to: Minnesota
    Replied: 3/21/2012
    Arneson and Geffen
    Arneson and Geffen | Mark Arneson
    You could be charged with filing a false police report which is a gross misdemeanor in MN.
    Answer Applies to: Minnesota
    Replied: 3/21/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hard to say. They may think you are recanting now because you guys got back together. So there is no saying whether they will believe what you are saying and charge you. As for him, the likelihood they will violate his probation and/or file a new charge against him is high, given his record.
    Answer Applies to: California
    Replied: 3/21/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    You have risk here because filing a false report is definitely a crime. I would consult with an attorney who might be able to negotiate an immunity agreement with the DA for you to correct the erroneous report.
    Answer Applies to: Colorado
    Replied: 3/21/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    You can be charged with the misdemeanor crime of filing a false report, yes.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    No one knows. You should be arrested when you reveal that you filed a false police report, which is a misdemeanor offense. As for whether he will be prosecuted, it depends on whether the police/prosecutor believeyou now.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Tennison & Soberon-Llort, PL | Christina Soberon-Llort
    Filing a false police report is an offense, however, it is rarely prosecuted. That being said, it is absolutely horrible to let someone innocent be prosecuted falsely.
    Answer Applies to: Florida
    Replied: 3/21/2012
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