Legal Question in Criminal Law in California

Re: when police make false reports

the false report is impeachable. if you would like further assistance or a free case evaluation, feel free to email me directly with your phone contact information today.

Re: when police make false reports

You defend by somehow proving the report false, by witnesses or other evidence. YAccording to the Penal Code, you are facing "imprisonment in the state prison, or by a fine not exceeding five hundred dollars ($500), or imprisonment in the county jail not exceeding one year." You need help, and should consult a local attorney.

Re: when police make false reports

As Mr. Torrey suggested, you can attempt to impeach the Sheriff's potential testimony on the witness stand. The report itself is inadmissible hearsay, so he will have to say that in open court. But, if you really did unplug the phone line and he testifies you admitted it, you could probably only impeach it by testifying. Even if he is lying, if you really did unplug it and admit so on the stand, his false testimony really won't matter. In other words, if you testify, you will be asked not only whether you really said that, but also whether you really did unplug it. So, if you did, and testified you did not, you would be committing perjury in the attempt to exonerate yourself.

I also have grave doubts of the applicability of 591 PC to this situation, as it requires that the phone line must have been disconnected "unlawfully and malicously". If it was your own phone line and you simply unplugged it from the wall with no intention to deny your wife the opportunity to make a bona fide emergency call, it doesn't read to me as though it should apply, so that is another line of defense. If, for example, your wife was overly excited and was trying to make a false police report against you, and that is the only reason you unplugged it, if you did, testimony by you to that effect could create a good defense for you which might even be more believable than pitting your word against the Sheriff's and risking perjury.

You really should retain a criminal lawyer immediately because an important decision must be made as to whether you will testify and what you will testify to.