Legal Question in Criminal Law in North Carolina

Filing false reports

My son recently was accused of "Assault on a Female" by an aquaintance of his

that he saw in a public place. The charge is absolutely false, has entered a not

guilty plea and was told he needs to come back yet again because the complaintant was not sopeanaed to appear.

Now he needs to come to court again on a false charge, losing time from work,

from which he may be fired for. After he is cleared of the charges, does he have

any legal recoarse againts the filer of these false charges?


Asked on 4/07/99, 4:29 pm

1 Answer from Attorneys
Donald Gillespie Attorney at Law

Re: Filing false reports

First a couple of introductory comments. If you are already represented, plese don't shop

for "second opinions". Follow your lawyer's advise. Second, just becasue

the charge is "false" does not mean he will not be convicted. All my

clients in jail are innocent of the charges

against them. Your son will be in district court

along with as many as 500 other people. He will wait for hours to have

no more than 10 minutes or so. The girl will dress up for

church and will have a District Atorney to represent

her. This is a swearing contest where there is rarely

physical evidence of beatings. The chances are very good

that he will be convicted if he says he didn't but has no

other evidence.

If he is convicted he gneerally will not serve any time for

the misdemeanor. He generally will get a suspended sentence

and be ordered to attend some county's domestic violence/

anger managment seminars. Generally he will not get counsel

appointed since he does not face jail time for

a first offense. TIP: if the judge hears from her that

this is not the first time and asks him if he wants an appointed lawyer, he should say yes and

continue the case to speak with counsel.

Now, your question is, does he have some legal recourse. He has same

cvil remedies anyone does. He could sue her. In

practice that takes quite a bit of time and money.

It would go under regular civil calendar and takes months to go

through the system. If she doesn't have anything, he won't

collect anything.

He would have a criminal remedy only if he could

get teh state to charge her with something. She

usually will not simply tell a judge she made the

whole thing up. Even if he is found not guilty

she probably does not even pay court costs.

Sorry this is so negative, but the criminal system

is very negative for doestic violence allegations.

Good luck to you and him. Try to find solid evidence

that makes her state specific time adn place and

proves he was not there.

Donald Gillespie

Attorney at Law

102 N Elm St, Suite 626


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Answered on 4/11/99, 6:27 am


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