Q: Nuisance call
I live in Los Angeles County. I was the victim of a false report that resulted in police coming to my home. I have proof that the police call was not warranted. Can I bring charges against the nuisance caller?
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- California
- (916) 704-3009
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- Answered
A:
In California, making a false police report is a criminal offense under Penal Code 148.5 PC. This law makes it illegal to report a crime to the police when you know the report is false. Violating this law is a misdemeanor that can result in up to 6 months in county jail.
In terms of bringing charges against the nuisance caller, as a private citizen, you cannot directly file criminal charges. However, you can report the incident to the police or the district attorney's office. They will then investigate the matter and determine if there is sufficient evidence to bring charges against the individual who made the false report.
Additionally, you may have grounds for a civil lawsuit against the person who made the false report. In a civil case, you could potentially sue for damages related to the incident, such as emotional distress or any costs incurred as a result of the false report. To pursue a civil case, you would need to consult with a local attorney who specializes in this area of law.
It's important to gather and preserve any evidence you have related to the incident, such as police reports, witness statements, or any communications with the person who made the false report. This evidence will be crucial in both criminal and civil proceedings.
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