Legal Question in Criminal Law in California
What happens if you file a false police report. My boyfriend has been in jail for a month now. He told me he cheated on me an theen threw my things out the door. I snapped an trried to fight him an also placed a scratch on my own face. Then I called the police. I'm also 6months pregnant an he is on felony probation. What are the consequences for me and my boyfriend?
4 Answers from Attorneys
The consequences for your boyfriend are evident. He's in jail and looking at substantial custody time and another FELONY conviction. I have only seen 1 time in my 25 years in criminal law, where the DA's office ever filed on the girl who made a false report. But no-one can say with 100 percent accuracy that you wouldn't be charged. Obviously your boyfriend needs a lawyer who will fight for him. Call a qualified attorney in or near your area if you want to help your boyfriend. David Wallin
Criminal charges could theoretically be filed against you, but is not likely unless you actually succeeded in getting his charges dropped. Prosecutors would in all likelihood ignore your new story and continue the case against him, assuming that you recanted from love, fear, threats, economic pressure, etc., etc. It happens all the time.
Moreover I dont know many Prosecutors, and I was one, who would believe the girlfriend who filed the police report lied. Most cases of DV result in the victim trying to recant their testimony and prosecutors are trained to overcome this. Id be less worried about you coming forward and saying you lied about the DV. Law enforcment wont believe you anyways.
Brian Michaels
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