Asked in Criminal Law and Domestic Violence for Indiana

Q: Why would a prosecutor file charges against someone for interfering with the reporting of a crime if no crime happened?

Two weeks after police were called to my home as the result of a heated argument between my spouse and I, during which I repeatedly told/yelled at one of my kids to hand up their phone (not knowing who they were talking to), I received a court summons for only count; interfering with the reporting of a crime or I.C. 35-45-23-5(1). No one was injured. No one was charged with domestic battery. No one was forcefully removed from the home. I'm confused as the referenced statute states clearly that "a person who, with the intent to commit, conceal, or aid in the commission of a crime, knowingly or intentionally interferes with or prevents an individual from: (1) using a 911 emergency telephone system; (2) obtaining medical assistance;  or (3) making a report to a law enforcement officer; commits interference with the reporting of a crime, a Class A misdemeanor."

To me no underlying crime was being committed, concealed or aided by myself when the call was made. So why charge me?

1 Lawyer Answer
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: The charges that you have against you have a possible penalty of up to a year in jail. You should consult with a local criminal defense attorney as soon as possible to begin working on your defense.

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