Legal Question in Criminal Law in California

Re: False Police Report

Nothing is 'obvious'. You may use any apparent inconsistency in your defense at trial, but that is where credibility is going to be determined. You can use that argument to negotiate a plea, or theoretically a dismissal, with the DA. Sounds like you need a good attorney to properly represent you. Contact me if interested.

Re: False Police Report

As Mr. Nelson says, what seems obvious to you may not be obvious to others. But even if you can prove that the police report was falsified, there is probably other evidence against you. If that evidence is credible and is sufficient to prove the charges, then there is no reason to dismiss the case. Besides, it is implausible that the police falsified every word of the report; the jury can decide whether to believe parts of it, and can base a conviction on the parts it believes to be true.

Police officers who falsify their reports can be disciplined and/or prosecuted for doing so, and can also be sued civilly in many instances. These risks give the officers a real incentive to write truthful reports. Releasing a potentially guilty defendant whose guilt can still be proven with legitimate evidence in such a case would probably not add very much to this incentive, and the benefits of such a rule (marginally increasing the disincentive for officers to lie) would not justify the cost (letting guilty defendants go free).