Fairview Heights, IL asked in Civil Rights, Constitutional Law and Criminal Law for Illinois

Q: If a cop lies on a police report to cover his excessive force up, can that lie ultimately get the charges dismissed?

The cop lied saying I tried to get back in my vehicle and that then he tased me. Really he walked me out in the field and beat the crap out of me and tased me out there. Four months later I get a warrant for drug possession, resisting, and obstruction. Grounds for dismissal?

2 Lawyer Answers
Juan Ooink
Juan Ooink
Answered
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: This is something for you to discuss with your attorney. Your attorney will have all of the needed information in order to answer this question. If you have not hired an attorney yet, you should do so right away. The sooner you hire an attorney the sooner that attorney can start working on the case. That attorney will move to preserve any video available, but that needs to happen right away, so do not hesitate, hire an attorney now.

William Wolf agrees with this answer

William Wolf
William Wolf
Answered
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I agree with Mr. Ooink. You need an experienced criminal defense lawyer to help you.

While many police officers don't lie, there are some who lie all the time. That being said, in most cases, this is a credibility contest at trial. One thing I've had a number of clients approach me and ask me is..... "Can you file a motion to dismiss the charges on the grounds that I didn't do it?"

No. That's what a trial is all about.

When you go see a lawyer, tell the lawyer what proof you have that the police officer is lying. If you have video, produce it. There are some times that your lawyer can go in and make a motion to dismiss based on perjury to the Grand Jury if there's proof positive of the perjury. That means more than you and/or your friends saying the officer is lying.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.