Will I go to jail for filing a false police report in California? 12 Answers as of January 30, 2012

I filled a police report saying that my boyfriend hit me because he cheated on me and he was on probation for hitting me already. If I tell the truth will I go to jail for filing a false police report?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
LynchLaw
LynchLaw | Michael Thomas Lynch
I am glad you recognize the action you took was wrong. You do not need to compound that error by making admissions and getting yourself arrested as well. However, you should do all that you can to make sure your boyfriend does not suffer any further because of your actions. I would suggest writing the DA's office and letting them know you do not wish your boyfriend to be prosecuted. While you may be compelled to appear under subpoena, you can decline to testify and you should make sure the DA knows you will not cooperated with the prosecution.
Answer Applies to: California
Replied: 1/30/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
There is a possibility that you could be facing jail time for filing a false police report. However, this is up to the DA whether or not they would like to file charges.
Answer Applies to: California
Replied: 1/30/2012
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
It would be far better if you did, rather than your boyfriend, since your actions were contemptible, regardless of his cheating. Further, I have rarely, if ever, seen a purported domestic violence victim prosecuted for retracting a false allegation (it happens all the time). The crime is a violation of Penal Code section 148.5(a), still a low-level misdemeanor, and which Is punishable by no more than six months in jail (not prison), and for which you would be eligible to serve no more than about two-thirds of the sentence, maximum. Further, you would still have the right to fight the charge, and could probably negotiate an even lower charge, and no jail time. The jails are far too crowded with prison parolees returning to local County supervision. I would be very surprised if the District Attorney bothered to try to prosecute,and you would almost definitely be able to serve any sentence on a 'work release' program, or by doing community service.
Answer Applies to: California
Replied: 1/30/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It is very unlikely that you would be prosecuted let alone go to jail by taking that position. The DA probably won't believe your retraction anyway. It is best if your boyfriend's case is still pending to have your own attorney to interface with the police and DA at this point.
Answer Applies to: California
Replied: 1/30/2012
Attorney at Law | Ernest Krause
No, you won't go to jail. You have to get convicted of that crime, by pleading guilty or losing a trial. But the very first event is that the District Attorney has to charge you with that crime. If you are charged you will really need the Public Defender, if you are poor enough, or someone to make sure you are not convicted of filing the false police report. That is a crime of dishonesty and will impact your life, such as getting a job, for as long as the conviction is on the public record.
Answer Applies to: California
Replied: 1/28/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Have your lawyer advise the DA that you are going to invoke your 5th Amendment privilege.
    Answer Applies to: California
    Replied: 1/27/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Filing a false police report is a misdemeanor for which you could pay a fine, go to jail or both.
    Answer Applies to: California
    Replied: 1/27/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    Filing a false police report is a criminal offense. However, whether you go to jail for it depends on whether the D.A. decides to file charges and a myriad of other factors. You should consult an attorney for more detailed advice.
    Answer Applies to: California
    Replied: 1/27/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    When you file a police report you swear that the statements you made in the report are true. Filing a false police report is a misdemeanor and you could go to county jail for this. Most judges will give you a fine and summery probation for the first time.
    Answer Applies to: California
    Replied: 1/27/2012
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Yes. It is very possible. However, your boyfriend should not pay the price for your wrong-doing.
    Answer Applies to: California
    Replied: 1/27/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Very likely, not to mention you will have a criminal record when charges are filed against you.
    Answer Applies to: California
    Replied: 1/27/2012
Click to View More Answers: