Houston, TX asked in Criminal Law and Family Law for Texas

Q: Hello I filed a false report on someone and they had charges pressed. I recently was charged with filing a false report

I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?

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3 Lawyer Answers
John Cucci Jr.
John Cucci Jr.
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: You have put yourself in a tight spot.

Do not talk to anymore police! Get a lawyer and say no more. If you can't afford a lawyer, the court will appoint you one.

Godd luck!

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The prosecutor is not REQUIRED to drop the charges against the other person but it would be foolish not to drop them unless your retraction did not cover all of the criminal behavior alleged against the other person. For example, if your retraction statement said "he threatened to chop me up with a sword but he didn't actually do it" then he could still be prosecuted for Aggravated Assault with a Deadly Weapon.

Rafee'a S. Majeed
Rafee'a S. Majeed
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: If a police report you made was determined to be false, then the charges against the accused will be dismissed because the report was not truthful.

If you were subsequently charged with making a false police report, you will be prosecuted for the charge.

Under Section 37.08 of the Texas Penal Code. filing a false police report is a Class B misdemeanor. In Texas, that means that this crime carries a maximum sentence of 180 days in jail and a $2,000 fine.

A defense to making a false police report is if you didn't know the report you made was false at the time you made it.

I hope this information helps. Good luck to you.

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