Legal Question in Criminal Law in Mississippi

Is filing a false felony a felony?

My cousin has been charged with molesting a 14 yr old and 6 yr old, both children of his ex-girlfriend. Given the malicious intent she had, among other things, and assuming he is finally proven innocent in court, could she be charged for falsely accusing him? He lost his job as a police officer over this even though the trial hasn't happened yet. It has been over a year since he was arrested. Is it a felony in Jackson County MS to knowingly file a false felony against a police officer or any other person?


Asked on 2/05/09, 7:06 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Is filing a false felony a felony?

1. No one is ever 'proven innocent' in court.

2. Somehow even getting a ruling of 'factual innocence' still wouldn't necessarily provide the basis for the DA charging 'false report'. You can try.

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Answered on 2/05/09, 7:54 pm
Wayne Woodall Wayne Woodall Attorney

Re: Is filing a false felony a felony?

It is a crime but not a felony. Under Section 97-35-45, False reporting of crime is a crime. That Statute states that it "...shall be unlawful for any person to report a crime or any element of a crime to any law enforcement or any officer of any court, by any means, knowing that such report is false. A violation of this section shall be punishable by imprisonment in the county jail not to exceed one (1) year or by fine not to exceed One Thousand Dollars ($1,000.00), or both. In addition to any fine and imprisonment, and upon proper showing made to the court, the defendant shall be ordered to pay as restitution to the law enforcement agency reimbursement for any reasonable costs directly related to the investigation of the falsely reported crime and the prosecution of any person convicted under this section..."

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Answered on 2/05/09, 9:28 pm


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