Legal Question in Criminal Law in California

Re: False police report 148.5

A 148.5 is a false report of felony or misdemeanor. It provides that every person who knowingly makes such a report is guilty of a misdemeanor if (a) The false information is given while the peace officer is engaged in the performance of her or her duties as a peace officer AND (2) The person providing the false information knows or should have known the person receiving the information is a peace officer. I am assuming from the facts you have provided that you also talked to the Police without an attorney present and told them what you have said above which is basically what you did and why you did it? If this is the situation I would suggest you still contact an attorney and get some good legal representation. What you need to hope is that the District Attorney does not wish to make an example of you. You may be able to get work project and fine or some type of home arrest with a bracelet. However, since it is a misdemeanor and some DA's take this kind of thing very serious they could ask for actual jail time. It could either be served on weekends or served as straight time in county jail. The usual procedure is an arraignment where you enter your plea. Then you proceed to the investigation process if you plead not guilty. However at that time you can also request the court provide you with a public defender if you can not afford a private attorney. Although Public defenders are very busy and can not always spend the time they want to on a particular situation, it would still be best to have representation in order to work smoothly with the DA's office. Contact your local county bar and get a referral to an attorney or ask the court for a public defender. You probably will not have to serve any actual jail time but the possibility exists and therefore you need representation.

Good luck