Los Angeles Criminal Lawyer Explains Filing a False Report and Related Offenses

Crimes relating to filing a false police report, making false statements to a police officer and other related offenses can have serious consequences under California Law.  Accidentally making a false statement to police or misstating facts due to a misunderstanding or other mistake is not against the law.  Nonetheless, police may not believe that a false statement was innocent, even if it was.  Calling the police to report a crime can end up being a big mistake.  If the police do not believe the person reporting a crime, whether a witness or a victim, they may initiate an interrogation aimed at charging a false report or false statement offense.  It is also important to note that filing a false report or making false statements to a police officer will be a crime regardless of whether the statements are voluntary or solicited (i.e. it does not matter whether a person calls the police to report a crime, or is questioned by police and spontaneously makes a false statement or false report of a misdemeanor or felony offense.  A person who is accused of or under investigation for false statements or false reports should not make any additional statements to law enforcement.  Exercise your Fifth Amendment right to remain silent and your Sixth Amendment right to counsel (collectively, your "Miranda rights").  Police officers are trained to elicit false confessions, confuse people and use scare tactics to make people incriminate themselves or others.  If you or a loved one is accused or under investigation, you need an attorney on your side right away to stop the police from their abusive, bullying tactics.  If you have already been arrested or charged with a crime relating to filing a false report, it is important to have an experienced, knowledgeable, passionate criminal defense lawyer on your side.  The government must be able to prove, beyond a reasonable doubt, not only that the statements given were false, but also that they were known to be false at the time they were made.  This can be a difficult thing for the government to prove and may leave open a strong defense.  Additionally, other defenses such as false accusations by the officer, .  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a criminal defense attorney.  213-375-3775.

PENAL CODE 148.5 - Filing a False Report
Knowingly making a false claim that a misdemeanor or felony offense took place is a crime in California.  It is treated very seriously by law enforcement, prosecutors and the courts.  In cases where an innocent person is falsely arrested, the punishments may be even more severe, and a civil lawsuit may follow.  PC 148.5 is a misdemeanor in California, punishable by up to six months in county jail and a fine of up to $1000.  Additionally, the court may impose a probation sentence of up to five years, which may carry little to no jail time.  The most difficult part about proving that a person committed the crime of filing a false report of a crime is proving a knowledge that the statement was false at the time it was made.  With a skilled defense, it may be possible to avoid a conviction or negotiate to a lesser charge or for a lighter punishment.

VEHICLE CODE 31 - False Statements to a Peace Officer
Much broader than filing a false report of a crime, knowingly making any false statements to a peace officer with the intent to defraud is also a misdemeanor.  Again, mistakenly or accidentally making a false statement is not a crime, but may be treated as such by the police.  Ultimately, the government must be able to prove that the defendant knew that the statements were false when made, and not simply that the statements were not factually correct.  VC 31 is punishable by as much as six months of jail, though most who are convicted of the offense would do much less jail time.  Still, this is a serious charge, and one that has defenses.

VEHICLE CODE 20 - False Statements in DMV Documents
Knowingly making a false statement in a DMV form is a misdemeanor, punishable by up to six months in county jail.  This can include false statements on DMV applications for a driver's license, vehicle registration and more.  As with the other crimes involving false statements, it is not sufficient that information provided on a form be factually inaccurate.  In order for a crime to take place, the declarant must be aware of the falsity of the statement when provided.

VEHILE CODE 10501 - False Report of a Stolen Vehicle
One of the most frequent falsely reported crimes is a report of a stolen vehicle.  When a vehicle is involved in a hit and run or other crime, it is not uncommon for the registered owner of the vehicle to report the car stolen in an attempt to escape criminal and civil liability.  Filing a false report of a stolen vehicle is generally a misdemeanor, however, if the defendant has a prior conviction for the same offense, the charge is a "wobbler" and can be filed as a felony, exposing the defendant to up to three years of incarceration.

These offenses, while generally misdemeanors can be treated more seriously under certain circumstances.  When knowingly false statements are made under oath, they may potentially give rise to a charge of perjury.  Even misdemeanor charges relating to false statements to police can have serious consequences.  As crimes involving moral turpitude (or crimen falsi) these crimes weigh on a defendant's credibility in a wide range of applications, including future dealings with the government, employment opportunities and the ability to testify in court.  Additionally, penalties can include jail, probation, fines, community service and more.  If you or a loved one has been arrested or charged with a crime in Los Angeles, contact the Law Offices of Nicholas Loncar for a Free Consultation with a Los Angeles Criminal Lawyer.  213-375-3775.