Legal Question in Criminal Law in Tennessee

Step son charged with filing a false police report, failure to report an accident and filing a false or fraudulent insurance report. He stated his truck was stolen from a local bar when in fact he wrecked it while drunk. He left it on the side of the road and next morning filed the false stolen report to the police. He has not reported anything to the insurance company. He has not admitted anything to the police stating he needed to talk to an attorney first. He lives in TN. He has yet to discuss formally with an attorney. Witness did tell the police the truth 2 days later that step-son was not at his home during the "theft" of the truck but knew nothing of the wreck. Police say they have surveillance but we aren't sure from where since the wreck occurred in the country side. What might he be looking at in terms of jail time (potential for work release)? He does work full time, has not been in trouble before and is 25 yrs old.


Asked on 1/05/16, 8:47 am

1 Answer from Attorneys

Ben Houston II Ben H. Houston II

The false police report charge is a class D felony, which carries with it the possibility of a prison sentence ranging anywhere between 2 and 12 years depending upon one's criminal history. The false insurance report charge may be a felony or misdemeanor charge depending upon the how much they are alleging the fraud to be. However, if he did not actually report anything to an insurance company, If the D.A. obtains enough evidence to prosecute him for D.U.I., a first offense DUI is a class A misdemeanor, which requires a minimum sentence of 48 hours in jail

Your step-son may have a variety of different defenses, and a full review of your step-son's case would need to be done in order to give you a comprehensive summary of all his possible defenses. Even if the prosecution has a very strong case, if as you say your step-son has no prior criminal history, it may nonetheless be possible to work out a deal that allows him to avoid significant jail time and instead be placed on probation. Additionally, it may be possible for your son to avoid having a permanent record through the use of judicial diversion even if he pleads guilty.

Your step-son needs to hire an attorney as soon as possible in order to begin preparing a defense to these charges. In the mean time, he should avoid making statements concerning the facts of his case to anyone other than an attorney that he is consulting with. He shouldn't even discuss the facts of the case with you, as anything he says to you could be used by the prosecution against him. There is no privilege protecting the conversations you have with your step-son, and the prosecution could call you to the witness stand as a witness against your step-son if he tells you incriminating information. Best of Luck!

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Answered on 1/06/16, 7:28 am


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