Legal Question in Criminal Law in New York

making a punishable false statement

My daughter got arrested for making a false statement to a police officer. Her boyfriend let his friend borrow his tv that he was renting and couldnt get it back from him. So they called the police on him because he wouldnt give it back. Well my daughter told the officer that he let him borrow the tv for the weekend, but that was a lie he really let him borrow it for a month.

she told the officer that because she didnt want he boyfriend to get in trouble with the rental company.She told the officer that she lied on her statement.

What does she need to do when she goes to court. Shes never been in trouble before. She doesnt have a lawyer. when she goes to court will they ask her how she pleads before she can get a court appointed lawyer? she made a mistake by making a statement when she shouldnt have because its her boyfiends tv not hers. Please get back to me and let me know what she should do.

thanks


Asked on 12/05/06, 2:53 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: making a punishable false statement

She does need a lawyer.

It sounds like the District Attorney believes he has a 'slam dunk' case.

One way to defend this action is to 'interpret' the police statement. This could be done by having her state that [when she made the statement, only the weekend remained of the loan period. Therefore, her statement was 'correct' in that the loan was effective at that time only for the weekend]. That would make her statement technically correct.

(Of course, for a lawyer to tell this to the judge or DA the 'interpretation' would have to be factually accurate - that the boyfriend had given the TV for a period that ended that weekend)

There are other ways to make the DA reconsider his 'slam-dunk' and choose not to prosecute.

You are welcome to meet with me and discuss the matter further. You have to know that you need a lawyer to avoid a criminal record for your daughter.

Email is best to make an appointment.

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Answered on 12/05/06, 4:20 pm


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