penalty for filing a false police report in pennsylvania

Expand All. Dont leave your future in the hands of the prosecution call us at 215-712-1212 or send us an email to schedule a free consultation to discuss how we can help you. Criminal records, particularly felony convictions, can be difficult to bounce back from. what's the penalty for lying to police? Arrests are made on the basis of probable cause. A criminal charge for false reporting is not the only possible punishment, though. (b)Fictitious reports.--Except as provided in subsection (c), a person commits a misdemeanor of the third Public police reports are records that name the individuals charged with crimes. The punishment for filing a false police report is usually up to a year in jail. Again, the consequences of lying on a police report depend on the specific circumstances surrounding the lie, and the nature of the lie. Warning Signs of Job Scams and How to Protect Yourself, How to Transfer Property After Death Without Will. Its a story that just got stranger and stranger as the clock turned, but now that all the details appear to have come out and the dust has settled, its safe to say that Ryan Lochte probably should not have lied; to the police or to his mother. The entire incident was a case of swatting called in when a fellow gamer in another state got upset with the man. On top of the stress of now being accused of a crime, you also have to worry about the damage to your reputation and being embarrassed in front of your friends and family. Fine amounts and jail time represent the maximum penalty possible for knowingly making a false statement to a law enforcement officer. Many states will seek jail time and/or thousands of dollars in fines for doing this. Most jurisdictions ( California Penal Code Section 148.5, for example) charge an individual who knowingly files a false police report with a misdemeanor. Defendants can file a false report if they are interacting with any of the following people: Filing a false police report is one of several types of speech that is left unprotected by the First Amendment. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Second degree misdemeanors carry a penalty of a maximum 60 days in jail and a fine of up to $500. However, if a person knowingly provides misinformation to the police when filing a report, then they could be found guilty of filing a false police report and other related offenses. Everybody makes errors in eye-witness testimony, and nobody can or should fault them for it. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help. For example: At a town council meeting, Barbara accuses her neighbor of peeking while loitering, knowing it to be false information. Re: Penalty for Filing a False Police Report Seek legal representation immediately and whatever you do, do not speak to or give any more statements to the police! Halloween is a fun time for all who choose to celebrate, For many, summer means great weather, long-awaited vacations, and no school. For example, in California, it is a misdemeanor to make a false report of a committed crime, whether misdemeanor or felony, to the police, prosecutor, grand jury or 911 operator. Answered on Apr 18th, 2012 at 1:41 PM. Section 750.411a. Being charged with False Police Report is a serious accusation of a criminal offense that could land you in jail or even prison. (1)If the violation of subsection (a) or (b) occurs during a declared state of emergency While this is not as serious as a felony charge, it is a serious crime. Breach of the Peace Law: Examples, Penalties & Defenses. Your All rights reserved. By keeping the prosecutor from proving the false reporting case beyond a reasonable doubt, it can undermine a subsequent civil lawsuit. Giving False Information to the Police is Against the Law. Making false statements: Consequences and penalties. Many states allow individuals to seal or expunge minor criminal charges after a period of years but that can be a challenging process. Some states treat it as a felony that carries more than a year in prison. Many state legislators have acted to make swatting a felony offense and to create specific penalties for the act. LegalMatch Call You Recently? They will know what evidence they need to gather in order to prove your evidence and demonstrate that the other person has provided false information. How to Find Out Who Hacked Your Cell Phone. A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). from U.C. All rights reserved. November 8, 2022. The maximum fine for misdemeanors is $5,000 for second degree and $2,500 for third degree, not including any victim restitution. Online Threats and Digital Security: Trends, Types and Most Common Examples, Cold Cases: Best Practices For Police Officers and Investigators, Court Order: Definition, Types and Examples. He may very well even be under indictment, if Brazil wants to go through with that process. Legal Definition of Defamation of Character. Once you have been charged, the odds are in their favor juries tend to believe law enforcement officers instead of people who have been accused of a crime. Request a Call Back and our team will get in touch with you ASAP. Heres what you need to know about criminal harassment penalties and charges for your case. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Penalties differ slightly in each state, so we put together an easy-to-read table. Finding forgotten life insurance policies, What is Bearer Bond and Why the US Banned it, Everything you need to know about small claims court. Accusing someone of making a false police report is one way for vengeful people to get back at someone else. Often, the word of the victim is enough . These specific elements of the crime can vary from state to state and are subject to the laws of each jurisdiction. An example of this would be if the police respond to a call from a person claiming that their spouse hit them, when the spouse did not. She has experience and skill writing for professionals and a lay audience. 2008 Amendment. Law, Products However, if you make a false report of a stolen vehicle, you can be charged with a felony. You also have to consider the motivations of the person who is providing the police with false information. Other charges may be filed, as well, such as auto insurance fraud. In those instances, you may have been charged with a crime that didnt happen or based on the other persons false statements to the police. Notify me of follow-up comments by email. Sec. Every crime in California is defined by a specific code section. She holds both an M.A. (June 28, 2002, P.L.481, No.82, eff. A person commits a misdemeanor of the second degree if he knowingly gives false information to any law enforcement officer with intent to implicate another. Calling in a bomb threat that requires police to invest significant time and energy clearing a building is also likely to be escalated above misdemeanor status. Typically, providing false information is a class B misdemeanor. (2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation. Law Office of Vincent J. Caputo. Two common scenarios an individual can be charged for filing a police report that contains false information are described below. The . How to Locate Inmates and Access Jail Records? What are Common Methods of Social Engineering. Defendants accused of filing a false report with police can raise a legal defense to combat the charge. The public regularly file police reports of crimes committed, as they provide information relevant to ongoing police investigations. Law, Intellectual Law, Insurance It can be charged as a misdemeanor or a felony and is punishable by up to one year in jail and as much as up to seven years in state prison. Continuing to make false statements in court (claiming the false report was real) can result in additional charges added to the docket, including perjury. & Changes to stop wrong eyewitness identifications, A criminal study finds errors in some convictions, The Real Cost of that Drink: Penalties for First & Second DUI Offense. Some police departments will allow you to file a report through their website, but you should follow up in-person or over the phone as well. Also, any false reports that result in injury to another person, property damage, or a major police response (swat teams, helicopters) are likely to be charged at the felony level. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Cases You'll Need a Lawyer, Car Theft in the US: Prevention and Facts, Changing your Name after Marriage: What You Need to Know, Finding the Perfect Roommate: Dos and Donts, What if You Get Into a Car Accident? They may include losing access to guns, losing custody of children, & eviction. 24/7 Help: Making a false statement transpires when the person makes the statement with the intention of misleading justice. This site uses Akismet to reduce spam. A police report is a document that is created when a crime has been reported to the police. Police Officer Matthew Torres, 30, of Paterson, New Jersey, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with conspiracy to violate individuals' civil rights and filing a false police report. Based on this misinformation, T.J.s insurer covers the property damage. They have been charged in another crime and are attempting to gain leniency by implicating others in separate crimes. An experienced defense attorney can help raise the best defense for a particular case. We trust the police and prosecutors to verify claims made by witnesses and prosecute only those crimes that they believe are valid. If a person files a false report, and someone incurs physical injury during law enforcement's response to address the reported crime, the person . We've helped more than 6 million clients find the right lawyer for free. to any law enforcement officer with intent to implicate another commits a misdemeanor This requires national direction and uniformity among the 326 ports of entry and 42 Fines . In Pennsylvania, it is illegal to give false information to law enforcement authorities, including falsely incriminating someone else, falsely reporting incidents that didnt occur and/or providing false statements of any kind to the police. False information to law enforcement can land you in serious legal trouble, with a hefty fine and felony charges. It seems hard to believe until it happens to you youre being investigated by the police or even charged with a crime because someone lied to the police. While both classifications are considered minor criminal acts (summary offenses being less serious than a misdemeanor), it certainly does not negate the emotional impact the situation may have on a victim or even the accused. Again, each individual jurisdiction will determine whether the charge will be a misdemeanor, or a felony. In addition, when the swatting incident claims a person is armed or acting dangerously police may respond in kind, with weapons drawn, further escalating the potential of a bad outcome. According to documents filed in this case and statements made in court: Case results listed on this website depended upon circumstances unique to each client and case. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Property Law, Personal Injury Punishments could include paying fines, jail time, and/or probation. That lack of knowledge can be a good defense to make. Ala. Code 13A-5-11. It can be rather overwhelming to find and retain an attorney, so rather than take on that burden, why not let . Do You Know What's the Difference Between Jail and Prison? with honors from the University of Texas in 2014. F raud & Identity Theft FAQs . Code 13A-10-61. How to Find Out if Someone Has a Warrant? The defendant must know that the information is false for it to be a crime. LegalMatch, Market Halloween Horrors Come to Life: Holidays Crimes in the U.S. Charity Scams in the U.S.: Be Aware and Protected, Senior Financial Scams: How are the Elderly Targeted and How to Avoid It, Catcalling: Is it illegal? Filing a false police report in Pennsylvania is always a crime, but the punishment depends on individual circumstances. What Is the Difference Between Slander & Defamation of Character? States have definitions of false reporting that are equal parts specific, vague or . If the offense occurs during a declared state of emergency and the false report causes law enforcement resources to be diverted from dealing with that emergency, the offense will be graded a step higher. Well, often that's true under freedom of speech, but filing a false police report for any damage to your reputation. The prosecution will need to prove that the person who filed the false police report meets the specific elements of the crime of filing a false police report. A man, along with two women accomplices, filed a false police. Can you go to jail for false accusations in Missouri? Common charges to be filed alongside making a false police report are: For example: T.J. was driving under the influence of alcohol (DUI) when he crashes his car and breaks the back fender. The Pennsylvania Post Conviction Relief Act (PCRA): Claims to Raise in a PCRA Petition, Criminal Defense Referrals in the Philadelphia Area, Trafficking and Intent to Deliver Defense, Petty Disorderly Persons Offenses (New Jersey). The first component of a harassment charge in Pennsylvania is proving that something was said or communicated. It is a second-degree misdemeanor if someone knowingly and falsely implicates you in a crime. Children's Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@childwelfare.gov | https://www.childwelfare.gov 2 . Virginia is one of several states where filing a false police report can result in criminal charges. 37.101. CBP Trade enforces law by targeting and penalizing lawbreakers through monetary penalties and legal action. False statements to the police can result in criminal charges as well as jail time. And while some phrases like Im going to kill you or Do this or else are used more casually today than they were in the past, they can be interpreted in different ways based on the intent and context of the comment. Their memory could have been unclear when they provided information, or they themselves may have been given false information. If you give false information which then leads to someone being injured or worse, your sentence will increase dramatically. However, the prosecutor must have to prove that you filed a fake report. Likewise, a court may find that the fine alone suffices. The statute criminalizes all false statements knowingly made and with intent to mislead the police. Phone: 215-568-1400 (a) A person commits an offense if the person knowingly presents for filing or causes to be presented for filing a financing statement that the person knows: (1) is forged; (2) contains a material false statement; or (3) is groundless. (a) False swearing in official matters.--A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true is guilty of a misdemeanor of the second degree if: (1) the falsification . In most instances, filing a false police report falls under the misdemeanor classification. In many states along with California, New York, Alaska, San Diego, and Arizona, it is illicit to file a . This is further discussed in the following section. Your false police report is highly likely to lead to the arrest of the person you are filing the report against. It is also a defense to show that the report was not made to the right authorities. The Statute of Limitations for a Traffic Violation in a Pennsylvania Court, Pennsylvania General Assembly; Consolidated Statutes; False Reports to Law Enforcement Authorities, Pennsylvania Emergency Management Agency: About PEMA, Pennsylvania General Assembly; Consolidated Statutes; Sentencing Generally, Pennsylvania Legal Aid: Resources for Clients. 60 days; Oct. 17, 2008, P.L.1628, No.131, eff. Dont even think about lying to the police. According to WSOC , the 19-year-old female driver was accused of reporting untrue information to police officers after she allegedly hit a pedestrian and left . Copyright 2023 Shouse Law Group, A.P.C. How to Obtain a Police Report and Court Records? You must prove that the report was false, since truth is a complete defense. But if you lie about having a gun pointed to your head by a police officer, like our man-child Olympic champion Ryan Lochte, you may be in deeper trouble. 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