What happens if my daughter filed a false police report? 50 Answers as of July 02, 2013

My daughter pawned a laptop computer I was renting. I couldn't afford to make payments so she told me that the company came and took the laptop back, but she filed a police report. Then the police found out that she pawned it so now she has to go to court for filing a false police report. What can she get for it?

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Reza Athari & Associates, PLLC | Seth L. Reszko
I am not sure if she was charged with a misdemeanor or a felony. The punishment depends on the nature of the charge and if she accepts a plea or goes to trial.
Answer Applies to: Nevada
Replied: 12/14/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It is a misdemeanor punishable by up to 6 months in jail. She should plead not guilty and ask for a lawyer to be appointed for her unless you intend to hire one.
Answer Applies to: California
Replied: 12/8/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
That depends upon the exact charge, any past record of hers and other facts and circumstances.
Answer Applies to: New York
Replied: 7/2/2013
Kathleen N. Carey Law Offices, PLC
Kathleen N. Carey Law Offices, PLC | Kathleen N. Carey
The range of penalties for this type of offense would usually be in the misdemeanor class of crimes with a maximum of six months jail and/or a $2,500 (plus 84% surcharge); and/or a minimum of no jail and no fines; and/or probation with a suspended jail sentence. A defendant's prior criminal history, motive and a variety of other mitigating and/or aggravating factors could depend on what the judge would do in a particular situation. Note: Whenever a crime involves a loss to a victim (i.e., the owner of the computer), there could be restitution amounts that a defendant may be ordered to pay.
Answer Applies to: Arizona
Replied: 12/2/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend she retain a lawyer or request that the court appoint her a lawyer payable at the public's expense. Speaking generally, the alleged act of filing a false police report could result in criminal charges. Depending on the alleged facts, the charges could range from a low-level misdemeanor to serious felonies. However, these offenses tend to be harder for a prosecutor to prove because it may be difficult to prove that the defendant had the required criminal intent, or "mens rea," or "state of mind." I'd recommend that your daughter retain a lawyer.
Answer Applies to: Michigan
Replied: 12/1/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If she is a juvenile, she will be charged and sentenced by a juvenile court judge. If an adult, she will face up to 12 months jail, but would most likely be placed on probation.
    Answer Applies to: Kansas
    Replied: 12/1/2011
    Law Offices of Kate Mesic, PA
    Law Offices of Kate Mesic, PA | Kate L. Mesic
    The relevant statute is 817.49, which provides that if convicted your daughter would be guilty of the 1st degree misdemeanor, punishable by up to 1 year in jail and up to a $1000.00 fine. In reality, if this is her first offense, the prosecutor would likely offer her probation and community service.
    Answer Applies to: Florida
    Replied: 12/1/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well it depends on what type of crime she alleged to have happened. False report of a misdemeanor is a misdemeanor up to 93 days in jail; but false report of a felony carries up to 4 years in prison. She needs an attorney.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    False report is a class B misdemeanor - punishable by up to 180 days in jail and a fine not to exceed $2000. This is the worst case, maximum punishment. What will actually happen is dependent on the judge, your daugher's attitude, restitution (paying for the computer), etc.
    Answer Applies to: Texas
    Replied: 12/1/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Two problems-false information to a pawnbroker, class 6 felony and false information to authorities, a misdemeanor. If convicted, the class six felony is from 6 mos to 3 yrs. If they have only filed the misdemeanor charge, the maximum is 6 months. If she has no record, she may be offered a deferred judgment, or a misdemeanor conviction and probation. As the felony is a possible amendment to the charges-I think you should try to resolve the misdemeanor case before they figure that out.
    Answer Applies to: Colorado
    Replied: 12/1/2011
    Kenyon Law Firm
    Kenyon Law Firm | Todd Kenyon
    Thank you for your question. Without knowing more information, I can tell you that in theory, she could be charged with filing a false police report if the police are aware of it or she admitted to doing it. Not everyone is charged with a crime. The County or Attorney or City Attorney decides if they want to charge the case or not. You should contact an attorney to discuss the details of the case.
    Answer Applies to: Minnesota
    Replied: 12/1/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    She'll probably get a suspended jail sentence, a fine, court costs and be put on probation.
    Answer Applies to: Louisiana
    Replied: 12/1/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Filing a false police report is a misdemeanor. She could go to jail, or be placed on probation.
    Answer Applies to: California
    Replied: 12/1/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    The charge of Filing a False Police Report is a misdemeanor offense which carries a fine between $100 and $500 and/or a maximum penalty of one year in jail. If this is a first offense and there were no serious consequences as a result of the false filing, it is likely that a conviction could be avoided and a penalty involving costs would be imposed.
    Answer Applies to: Massachusetts
    Replied: 12/1/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    False report is usually a misdemeanor. Max is 12 months jail, but with no record it is more likely she will get probation and a fine.
    Answer Applies to: Georgia
    Replied: 12/1/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Filing a false police report can be a felony. What her ultimate sentence might be would depend on what she was convicted of, her past record and other factors. There is not enough information given to answer the question other than a wild guess.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A false report of a crime is a gross misdemeanor which is punishable by up to a year in jail and a $1000 fine.
    Answer Applies to: Minnesota
    Replied: 12/1/2011
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    That depends on the charges and a few other factors. My guess is that the charges are misdemeanors, but there could be a felony or two that could be charged. As a misdemeanor, most have a maximum of 1 year in custody ( that does not mean that is what will happen, but what the most that the judge can impose). I'd also like to know how old she is - that is, whether she is a minor or an adult. Other things to consider are what if any criminal history she has, and so forth. You might consult with a good criminal defense attorney and run all the fact and circumstances by him/her. You'll get a more accurate answer. I hope this helps.
    Answer Applies to: California
    Replied: 12/1/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Your daughter will probably receive probation and a fine and potentially the costs of the police investigation. Unless she has filed false reports previsously or has other criminal convictions, she will not get any jail time.
    Answer Applies to: Florida
    Replied: 12/1/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    She can be charged with a felony of obstruction of justice or filing a false report. I would advise that she seek the advise of an attorney and not give any statements to the police.
    Answer Applies to: Alabama
    Replied: 12/1/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    She should say nothing. Admit nothing and hire a lawyer ASAP.
    Answer Applies to: New Hampshire
    Replied: 12/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Penalties depend on a lot of factors, including age, criminal history, severity of the charges, amount of pecuniary loss involved, character and remorsefulness of the defendant, how egregious the facts are, was anyone injured, has the defendant cooperated on other prosecutions, etc. I can't offer an opinion without knowing all of the details.
    Answer Applies to: New York
    Replied: 11/30/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    First your daughter did not file a police report. Only the police can file a police report. Your daughter gave false information to a police officer. This caused the officer to file a report based on false information. In California she violated California Vehicle Code Section 32 that reads; No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false. In your daughters case she is looking at a misdemeanor with a maximum sentence of one year in county jail.
    Answer Applies to: California
    Replied: 11/30/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    In California, filing a false police report pursuant to Penal Code Section 148.5 is a misdemeanor punishable by up to 1 year in county jail and up to a $1,000 fine. As far as what your daughter may be facing as far as consequences are concerned requires more information about her case and criminal history, if any. Good luck.
    Answer Applies to: California
    Replied: 11/30/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If a first offense, she is facing probation in some form or another. However, if she has an arrest record, she could get some jail time. This is unlikely, however.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Anywhere from 0-6 months in jail or $750 fin or both in the State of Wyoming, if charged in State Court or City Court; or, if it is filed in Juvenile Court, the case can go on, and on until she is 21 years of age, with a wide range of penalties set by the court and MDT Team.
    Answer Applies to: Wyoming
    Replied: 11/30/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Many kids these days do not understand that when they commit crimes they will get a criminal record for life and it will be very difficult to get a decent job. They commit foolish crimes like shoplifting, DWI, drug dealing, and assault. You need to make her understand what th consequences of her action are. It is very troubling that she would steal from her own father and then be willing to file a false police report. She may need money for drugs and you should have her tested immediately. Retain a good criminal attorney to try to get her a violation that will not be a criminal conviction. If she is under 19 she is eligible for Youthful Offender Treatment and will not have a criminal record, but if she is over 19 she will probably have to plead to a misdemeanor and get 3 years probation. If she gets a good lawyer she might get a Disorderly Conduct or a deferred sentence so that if she stays out of trouble for a year the case will be dismissed. You will have to pay $3,000 for a good lawyer, but it is worth it and she will learn a lesson by having to pay it back. She will be using the same brain to make her decisions for the next few years and she is not honest, smart, or a good decision maker so she would benefit from a good mentor that she will listen to. Kids are raised by their peer groups and admire gangs, rappers, and celebrities. They want to get tattoos and spend the entire day in front of a computer, TV, or a smartphone. That's why we have smartphones and stupid kids. You are going to have to impress her with just how important it is to get a good education, a good reputation, a good career, and the right husband or you are going to have your hands full. I hope this helps, I know you tried, but you failed to raise a smart daughter so far.
    Answer Applies to: New York
    Replied: 11/30/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Probably a 93 day misdemeanor crime. She should consult an attorney right away.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    She could get up to 180 days to serve and a fine of up to $500.00. Most courts are rather severe on persons who make false reports to the police.
    Answer Applies to: Alabama
    Replied: 11/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    False Reporting is a misdemeanor with a possible sentence of 0 to 90 days. On a first offense, she is likely to see no jail time but community service and restitution. If I were your daughter, I would get hot on paying the pawn shop off. I also suspect she has a drug problem given these facts. Treatment would be a good idea.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Your daughter could be charged with filing a false police report. It will be a criminal charge which has a potential of jail time, however, as a practical matter, there is only a small likelihood that there will be jail. The likely outcome is probation. As part of a plea agreement, the conviction may end up not being on a public record or may result in a dismissal. You will need to consult with an attorney for the details on how to get this arranged and whether or not it is possible. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Not only can she be charged with filing a false police report, but she can also be charged with theft of property. Since you were only renting the computer, you did not own it. It was property of the company from which you were renting. Based upon the value of the computer, she could be looking at a felony theft charge. You best speak with an attorney in your area. A conviction, even as a first time offender, may not result in jail time, but there are long lasting implications if your daughter is convicted.
    Answer Applies to: Washington
    Replied: 11/30/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Depending on the county she could get jail time or probation depending on her record. Please contact an attorney as soon as possible to discuss her options.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Depending on the cost of the laptop she could be facing a felony charge. She also may be liable to the pawnshop for any advance they gave to her. You really need to get a lawyer to fight to have the charge dropped or diverted.
    Answer Applies to: Nebraska
    Replied: 11/30/2011
    Law Office of James S. Lochead
    Law Office of James S. Lochead | James S. Lochead
    You don't say whether your daughter is a minor or an adult, i.e. - over the age of eighteen, but generally if she hasn't been convicted of an offense before, she will get a fine and an order to pay restitution for police investigation time, if any, and probably be ordered to complete some community service along with twenty-four to thirty-six months of probation.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Filing a false report is a misdemeanor and can carry potential jail time, fines, community service and probation. That's just what could happen. What will actually happen depends on what (if anything) she's convicted of, the facts of the case, her record (if any) and what her attorney can work out on her behalf.
    Answer Applies to: California
    Replied: 11/30/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    There is a wide range of possible outcomes on the case. The main thing is for her to have an attorney or to request the services of the public defender should she be unable to afford an attorney.
    Answer Applies to: California
    Replied: 11/30/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    These are be felony charges. So, prison is an unlikely option. She needs a lawyer/public defender. She should not make any statements without one.
    Answer Applies to: Colorado
    Replied: 11/30/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    1. She could be charged with obstruction among other acts. 2. She could be charged with Trafficking (Dealing) in Stolen Property. If a Juvenile she would be treated as a Juvenile and get probation. If an adult and convicted of Trafficking in Stolen Property she could end up on probation with prison hanging over her.
    Answer Applies to: Florida
    Replied: 11/30/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    She will probably get a fine and/or community service and a counseling class plus restitution. This is a misdemeanor.
    Answer Applies to: Nevada
    Replied: 11/30/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Most charges of that nature result in a fine and probation, maybe with some community service. She likely won't serve jail time, and may be offered some sort of disposition to keep a conviction off her record if this is a first offense.
    Answer Applies to: Minnesota
    Replied: 11/30/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    She can get up to one year in jail. What she will get is a function of her criminal history, age, and skill of her defense attorney.
    Answer Applies to: Georgia
    Replied: 11/30/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    In trouble....prosecutors do not like false police report charges....though probation is likely outcome...you should be more concerned about your daughters behavior which exhibits some real criminal planning and needs to be addressed by professionals.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Depends on the State. Usually she will get probation, but this is a crime of moral turpitude and could label her as a thief for the rest of her life. It's very hard getting a job with that label. So hire the best attorney you can afford and make sure this doesn't stick to her.
    Answer Applies to: Texas
    Replied: 11/30/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Maximum for misdemeanor is 12 months in jail. She needs a competent defense attorney to talk to the prosecutor about this situation.
    Answer Applies to: Virginia
    Replied: 11/30/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It depends. If what she falsely reported is a misdemeanor, she will be charged with a misdemeanor. If what she falsely reported was a felony, she will be charged with a felony. She needs to have experienced criminal representation as she potentially could face jail or prison. Feel free to contact my office for more information and a free consultation.
    Answer Applies to: Michigan
    Replied: 11/30/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    That is a misdemeanor. Max is a year. Could be more than a false report. Potentially a felony for theft. See attorney. May want to just plead to avoid other possible bad consequences.
    Answer Applies to: California
    Replied: 11/30/2011
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