Legal Question in Criminal Law in California
How does one make a formal complaint regarding a false police report? Are there Civil implications?
2 Answers from Attorneys
Complaints regarding police misconduct are made to Internal Affairs office. There are no civil implications that I am aware. Unless you intentionally make a false report there should be no liability on your part.
If you are complaining about an officer charging you 'falsely', then you defend the criminal case and if exonerated, you file a formal complaint with the police department. If you are serious about getting legal defense in the criminal case, feel free to contact me.
If you are complaining that someone else filed a false report with the police, you could theoretically sue them IF you could 'prove' it was utterly without truth. Proof is hard to come by, and you'd have to convince an attorney that the case had merit [winable] and value [substantial provable damages] and collectability [defendant with assets]. If it qualifies on all three issues, feel free to contact me.
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