Q: Is it illegal to file a false police report in Florida?
My son is currently incarcerated after being charged with battery by his domestic partner, an immigrant from Venezuela, who wanted him to marry her so she could remain in the U.S. When he refused, she called the police and accused him of battery. He has witnesses to prove he was not present at the alleged incident. However, the public defender assigned to his case is not being helpful, and his next court appearance is on May 9th. Is it illegal to file a false police report, and what can be done in this situation?
A: You could retain a skilled lawyer who will focus on your son's case. A significant fact, which you might not know, is that immigration law gives nearly automatic status to a person claiming to be a "victim" of domestic battery. So your son's former domestic partner can get what she wants by making a claim of domestic violence. Alibi is the defense your son is claiming. The witnesses you mention should be interviewed, identified and listed as witnesses, along with any other evidence which would support the alibi claim. By the way it is a crime to make false claims to police officers or under oath, whether the declarant has legal status or not.
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A:
Yes, filing a false police report is illegal in Florida under multiple statutes. Florida law classifies this offense as a first-degree misdemeanor, which can result in penalties of up to one year in jail and fines of up to $1,000. The situation you've described regarding your son is unfortunately not uncommon in domestic disputes.
When someone is falsely accused of domestic violence in Florida, it's critical to retain an experienced criminal defense attorney immediately, as these cases can jeopardize one's career, reputation, relationships, parental rights, and freedom. Since your son has witnesses who can testify to his absence during the alleged incident, this evidence could be crucial to his defense. I recommend documenting everything and gathering all available evidence that supports his version of events.
For someone facing false domestic violence accusations, an attorney can evaluate evidence, build a defense strategy, interview witnesses, and negotiate with prosecutors. If you're dissatisfied with the public defender's efforts, you may want to explore hiring a private attorney who specializes in domestic violence cases. With the court date approaching on May 9th, time is of the essence to prepare a robust defense that includes the witness testimony establishing your son's alibi.
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