Oakland, CA asked in Criminal Law, Personal Injury, Civil Rights and Libel & Slander for California

Q: Isn't it against the law (CA) to file a false police report?

What course of action may I take as a victim of this abuse of the law? Am I able to sue the individuals and/or can they be arrested for lying to LE and their harassment?

3 Lawyer Answers
Bart Kaspero
Bart Kaspero
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: This is True. It is against the law to knowingly report a crime or file a false police report. Be aware that it will be your burden to provide the proof of the falsity--Law enforcement will not jump through hoops for you because they typically get many individuals claiming that a report was "false." Therefore, gather any evidence (recordings, text messages, witnesses, etc.) that would give the reporting officer(s) a clear picture that the reporting party had recklessly provided information that was not true to police. If there is/was a motive behind what they did, provide that as well to give the department enough to support a subsequent investigation and ultimately a filing of criminal charges by the local District Attorney's office.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Make an appt with a LOCAL trial atty to discuss ALL the facts.

of course, it is illegal to make a false report, and the party can be prosecuted by the DA...............maybe contact the police to try to get them involved and to turn over to the DA after taking a report. Be sure you have all the info to share with them as they probably are to busy to handle this.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, it is against the law in California to file a false police report. Under California Penal Code section 148.5, it is a misdemeanor to make a false report of a crime to a peace officer, and the offense carries a maximum penalty of six months in jail and a $1,000 fine.

As a victim of a false police report, you may be able to take legal action against the individuals who made the false report. You may be able to sue them for damages caused by their false report, such as legal fees, lost wages, and emotional distress. In addition, you can report the false report to the police and provide any evidence you have to support your claim. The police may investigate the matter and take appropriate action, which may include arresting the individuals who made the false report.

If you believe that you are a victim of harassment, you may also be able to take legal action against the individuals who are harassing you. California law provides various protections against harassment, including civil restraining orders, criminal restraining orders, and civil harassment restraining orders. You may wish to consult with an attorney who specializes in harassment and restraining orders to discuss your legal options.

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