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A person files a false police report when they knowingly make false statements to the police. In other words, they know the statements are false when they make them. It is not enough that they are simply wrong about the details. [1] X Research source If you suspect that a police report contains false information, then you should find evidence that shows the statements are false. Then you should bring this evidence to the attention of the police. If you were harmed by a false police report, then you can sue for money compensation.
Steps
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Read the police report. You need to actually read the police report. Obtain a copy and read it carefully, highlighting any information you believe is false. You can generally obtain a police report by stopping into the police station and requesting a copy.
- If you have been charged with a crime, then you can get a copy from the prosecutor. [2] X Research source
- See Obtain a Police Report for more information.
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Identify the falsehood. A police report can contain two types of false information: affirmative falsehoods and falsehoods by omission. You should identify which type the police report contains:
- An affirmative falsehood is a lie. For example, someone claims their neighbor punched them when the neighbor never even touched them. [3] X Research source
- A falsehood by omission leaves out important information. It’s technically true but misleading. For example, someone might claim their neighbor was driving and hit their mailbox. However, this person neglects to tell the police that the road was icy and the neighbor lost control of the vehicle.
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Find evidence that exonerates you. You can certainly tell the police that certain statements in a police report are false. However, you will have a much stronger case if you can actually prove the statements are false. To do so, you should gather evidence. The evidence will vary, depending on the falsehood.
- For example, you might have been accused of stealing from a store. If so, then you can request a copy of the store’s security video to show that you didn’t steal anything.
- You might have a third-party witness who observed the incident. You can get their contact information to give to the police.
- Sometimes you might have only your word that you didn’t do something. This is pretty weak evidence. However, you might be able to point to errors in the police report. This can cast doubt on the credibility of the person who filed the report.
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Contact the police. Gather your evidence and then contact the police. You want to make sure that they understand that the police report contains false information. You can find the address on the police report or by searching online.
- If you have been arrested based on the false police report, then you should talk with your attorney first. It may be in your best interest not to disclose this information right away. Only your criminal defense attorney can advise you.
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Show the police why the report is false. You might need to schedule an appointment with the detective who is working on the case. You should find a time that works for you and then show the police your evidence.
- Answer all police questions honestly. It is against the law to lie when speaking to the police, so be sure you don’t commit that crime yourself. [4] X Research source
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Write a supplemental statement. You might be able to add a supplemental statement to the original police report. Ask the officer you speak with. In the supplemental statement, you give your side of the story. [5] X Research source
- If you file a supplemental statement, then make sure to get a copy for your records.
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Ask to press charges. You should tell the police that you want to press charges against the person who lied. However, you must remember that it is ultimately up to the prosecutor to decide whether to prosecute. You can’t force them to prosecute the liar. [6] X Research source
- Remember that you can bring a civil suit if the lies injured you financially, emotionally, or physically. In a civil suit, you sue for money compensation.
- You can bring a civil suit regardless of what the prosecutor decides.
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Testify at any trial. If the liar is prosecuted, then you might be called in to testify at the trial. You should talk with the prosecutor about what information you will testify to. On the day of trial, remember the following tips for being an effective witness: [7] X Trustworthy Source United States Department of Justice Official website of the U.S. Department of Justice Go to source
- Dress appropriately . Don’t be too dressy or too casual. Instead, you can wear business casual clothing.
- Speak in a slow, clear voice. You want everyone to be able to hear you.
- Tell the truth. Never exaggerate and never guess. If you don’t know the answer to a question, then say, “I don’t know.”
- Think before answering. Always listen carefully to the question and ask for clarification, if necessary.
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Document your injury. If someone lied on a police report, then the prosecutor might choose to prosecute them for a felony or a misdemeanor. However, you can also bring a civil lawsuit if the lies harmed you. You should document any injury.
- For example, you might have lost a job because of an arrest based on the false police report. [8] X Research source Save any communication from an employer stating that they were cutting ties with you and their reasons why.
- You might have suffered extreme emotional distress. If so, document it with medical records, therapist records, and a journal in which you write how you are feeling every day.
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Identify your cause of action. You can sue under a variety of theories. These are called “causes of action.” Two of the more common are defamation and intentional infliction of emotional distress. You might also be able to sue the prosecutor for malicious prosecution.
- Defamation is a false statement that injures a person’s reputation. The false statement must have been “published” (i.e., disclosed to another person) and the person making the statement can’t have had a privilege to make it (such as while testifying in court). [9] X Research source
- Intentional infliction of emotional distress is outrageous or extreme conduct that intentionally or recklessly causes severe emotional distress. [10] X Research source Depending on the circumstances, filing a false police report could qualify.
- Malicious prosecution occurs when the prosecutor files a case against you without an adequate basis. [11] X Research source In particular, if the prosecutor knows the allegations against you are false, then they might be sued for malicious prosecution if they go ahead and prosecute you.
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Meet with a lawyer. If you are thinking about bringing a civil lawsuit, then you should meet with a qualified lawyer. Only a lawyer can give you advice based on your particular circumstances. Your lawyer can advise whether it is worthwhile to sue and what evidence you will need.
- You can get a referral to a lawyer by contacting your local or state bar association.
- Call up the lawyer and ask to schedule a consultation. Also ask how much the consultation will cost.
- At the consultation, you can describe your situation. Make sure to find out how much it would cost to hire the lawyer to represent you.
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Draft a complaint. You start a lawsuit by filing a complaint in court. This document identifies you as the “plaintiff” and the person who lied as the “defendant.” It also gives the judge the factual context of the dispute and makes a demand for money compensation.
- Your lawyer can draft the complaint for you and file it with the court.
- However, if you didn’t hire a lawyer, then you should check whether the court has printed, “fill in the blank” complaint forms you can use. These make filing a lawsuit easy.
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File your complaint. After you complete the complaint, you need to file it with the court. You should sue the defendant in the county where he or she lives. Make several copies of the complaint and take the copies, along with the original, to the court clerk. Ask to file. The clerk can stamp your copies with the filing date. [12] X Research source
- You will probably have to pay a filing fee in order to start a lawsuit. The amount will differ by court. Ask the court clerk ahead of time for the fee amount and how you can pay.
- If you can’t afford the filing fee, then ask for a fee waiver form.
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Serve notice on the defendant. You have to give the defendant notice of your lawsuit. You can do this by arranging for someone to deliver a copy of the complaint and a “summons,” which you get from the court clerk. [13] X Research source Generally, you can have the following people serve notice:
- The sheriff. In many counties, you can pay the sheriff or constable a small fee to make hand delivery on the defendant.
- A private process server. You can find process servers in the phone book or online. For a fee, they will make hand delivery.
- Someone 18 or older who is not part of the lawsuit. You can’t make hand delivery yourself, but you could have another adult make service.
- By mail. In some courts, you can have the server mail a copy of the complaint and summons to the defendant. Mail is usually less ideal than personal service by hand delivery.
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Continue on with the lawsuit. After receiving your complaint, the defendant will have to respond. Typically, he or she will file an answer or a motion to dismiss. The response will be sent to your lawyer (if you have one) or to you.
- Lawsuits can be very drawn out. You should talk with a lawyer about possibly settling and about the process for continuing on with the lawsuit.
- See Sue for Defamation or Prove an Emotional Distress Claim for more information.
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References
- ↑ https://thelawdictionary.org/article/what-happens-when-you-file-a-false-police-report/
- ↑ https://thelawdictionary.org/article/how-do-i-get-a-copy-of-a-police-report/
- ↑ https://www.freeadvice.com/legal/is-filing-a-false-police-report-a-crime/
- ↑ https://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/lie-police-friend.htm
- ↑ https://www.hg.org/legal-articles/filing-a-false-police-report-36869
- ↑ https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/pressing-charges-a-criminal-act.htm
- ↑ https://www.justice.gov/usao-mdpa/victim-witness-assistance/tips-testifying-court
- ↑ https://www.freeadvice.com/legal/is-filing-a-false-police-report-a-crime/
- ↑ https://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html
- ↑ https://www.findlaw.com/injury/torts-and-personal-injuries/intentional-infliction-of-emotional-distress.html
- ↑ https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/suing-for-damages-malicious-prosecution
- ↑ https://www.courts.ca.gov/1089.htm
- ↑ https://www.courts.ca.gov/1089.htm
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