Making A False Report
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The police are mandated to serve and protect the public and with limited resources and plenty of crimes to pursue, the government considers making false reports to be a serious waste of public resources. Accordingly, it is a criminal offense under California Penal Code 148.5 to falsely report a crime.
If you are currently under investigation or were arrested and charged with San Diego false report charges, it is vital that you hire a San Diego crimes against the government lawyer as soon as possible.
What Is A False Report
Making a false report, relates to alerting authorities of a misdemeanor or felony crime, knowing that the details of the incident are incorrect or the incident itself did not occur. For the crime of making a false report, the account can be given to a police officer, prosecutor, grand jury, or a 911 operator.
When there is a definite initiative on the part of the individual making the report, this will be sufficient to make out the crime. Additionally, the act is also illegal if during an investigation you gave false statements in relation to a crime. The offense of making a false report is classified as a misdemeanor under California laws.
How Are False Reports Punished?
Making a false report can have serious consequences for the individual against whom you made the report. This and the waste of resources to investigate a crime that did not occur is the basis for the penalties associated with this offense. If you are found guilty after a trial, or if you choose to plead guilty, you can face upwards of 6 months of jail time.
The court will take into consideration a number of factors when making a sentencing determination. Of utmost importance is your criminal record, the motive for making the report and the consequences of your report. The judge will hear arguments from the prosecution and it would be prudent that you have an attorney to represent you at a sentencing hearing. In lieu of jail time, it is also at the discretion of the judge to impose probation.
Facing San Diego false report charges can be frightening, especially if it is your first encounter with the law. However, being convicted is even worse, so hiring a lawyer from the beginning is critical to proving your innocence and beating the charges.
What Is My Defense?
Despite the fact that the police felt like you wasted their time or that an innocent person was arrested, you are still presumed innocent by law. Accordingly, until you are found guilty by a court of law or you choose to plead guilty, you can beat the San Diego false report charges facing you.
Defending your case does not start on the day of trial. After you are arrested, there might still be an ongoing investigation and there is a pre-trial hearing as well as a series of opportunities, based on evidence unearthed to get the charges dismissed or reduced.
If the matter must go to court, the following are some of the defenses available to you by law:
- You did not make a false report;
- At the time of making the report, you believe it to be true; or
- Mistaken identity.
It is important to speak with your lawyer to facilitate the necessary pre-trial investigation and preparation. While it is up to the prosecution to prove that you are guilty, having a sound defense is more beneficial than none at all.
Hire Qualified Criminal Defense Lawyers
At McElfresh Law, our experience has taught us that innocent people get charged and arrested all the time. Our job as San Diego defense attorneys is to tirelessly work to fight for the freedom of our clients facing criminal charges.
You can rely on our years of knowledge of the law and the criminal judicial system. Our commitment to you is to use both the human and physical resources available to us to help you win your case. Our records speak for itself and past clients with San Diego false report charges can attest to the high-quality legal service that we offer at McElfresh Law.
Call us at (858) 756-7107 to learn how we can help.