Legal Question in Criminal Law in Massachusetts
Follow up question
If a woman calls in a violation of a restraining order (which was a pack of lies in itself), and the accusation is proven to be blatantly false, why isn't that woman immediately arrested and charged with a crime? Isn't that a crime?
4 Answers from Attorneys
Re: Follow up question
Chapter 269: Section 13A. False reports to police officers
Section 13A. Whoever intentionally and knowingly makes or causes to be made a false report of a crime to police officers shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment in a jail or house of correction for not more than one year, or both.
Someone would have to file a complaint in the district court... go to the clerk's office and ask for a complaint form.
Re: Follow up question
Chapter 269: Section 13A. False reports to police officers
Section 13A. Whoever intentionally and knowingly makes or causes to be made a false report of a crime to police officers shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment in a jail or house of correction for not more than one year, or both.
Someone would have to file a complaint in the district court... go to the clerk's office and ask for a complaint form.
Re: Follow up question
Only if the police or prosecurtor believe there is probable cause to believe she committed a crime in making the claims; obviously they do not if they have not pursued her. In these cases, the truth of what really happened is usually somewhere in between his side of the story and hers, and so there is no great urgency to sort out those messy details absent good grounds to believe a crime was comitted in the process.
Re: Follow up question
It is a crime and the prosecutor's office or the police can file a Complaint or you may file an Application for a Criminal Complaint at your local District Court Clerk's office.
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