Filing A False Police Report

[legalwisdom4va]

the woman has been charged for filing a false police report by the courts/police. the man will not and has no intention of ever suing this woman or filing charges against her this is a state/court/officer charge against her, his testimony was never heard. what are the possible defense's she has? does this not seem malicious in how the prosecution and state have been going about this particular case? she is being accused by the state, with no evidence given by the man, of criminal charges ,filing a false police report a class 1 misdeameaner in VA.

[cdwjava]

the woman has been charged for filing a false police report by the courts/police.

Then there is apparently some proof that she has done this knowingly and intentionally ... provided they have actually "charged" her. Note that accepting a report is not the same as formally charging someone.

what are the possible defense's she has?

That depends, did she do it?

What code section is she charged with?

Has she engaged counsel yet?

does this not seem malicious in how the prosecution and state have been going about this particular case? she is being accused by the state, with no evidence given by the man, of criminal charges ,filing a false police report a class 1 misdeameaner in VA.

The STATE is the victim of the false report, not the man. You do not get to lie to the police and the courts and then get a free pass if they can show that you indeed DID lie.

- Carl

[legalwisdom4va]

ok if the state itself has filed charges against the woman then all they need to do is have proof beyond a reasonable doubt and the only proof is the officer and she was not at the scene nor is there evidence of the woman calling or instigating the police in the matter , her word against the officers. yet would the testimony she gave in the trial of the man for DV be admissable? could the prosecution not try and get her to perjure herself and be able to then again charge the man . though i would imagine double jepoardy might apply?

i appreciate all responses!

[legalwisdom4va]

since a magistrate cannot accept filing charges if the person appears to be intoxicated, is it admissable or even allowed legally to take a statemant and press charges by the police officer from someone who is clearly intoxicated and really does not remember.

[legalwisdom4va]

va section 18.2-461

[las365]

The incident took place in a residence, right? Who was it that called the police in the first place? The way you have (not) told the whole story leads me to speculate that:

The man was assaulting the woman. Someone called the cops. The police arrived, took a statement from the woman in which she says she was assaulted, and based on that (and probably other evidence as well) charges were pressed against the man. At the trial, the woman testifies that she was drunk and can't remember a thing, but denies being assaulted. Frustrated, the DA files charges against her for filing a false police report.

Is that about right?

[legalwisdom4va]

yes thats about right....pretty good.

[legalwisdom4va]

the woman did not deny that the man assaulted or put hands on her in a harmful way but implied that he was trying to restrain her (because an argument got out of hand at a friends residence who worked for the same leasing apartment complex. this started from a neighbor complaint )

[Wuzzy]

I was charged with filing a false police report after calling 911 during an assault in VA. I refused to testify against the attacker during court due to promises of "never drinking again" and because I was pregnant at the time and was hormonal and truly hoped and believed the family would work. I spent $9,500 with an attorney who agreed with the commonwealth attorney to a guilty plea and as such I now have a record and have to do community service. Records in Virginia can never be expunged. No doubt this will hugely affect my career. I'm not sure why I spent all the money for something I could have done myself, the attorney had told me prior to the court date that he would take it to trial if needed. I miscarried from all the stress and the day after the miscarriage was assaulted again. This time, obviously I will testify against the attacker but have been told that he's likely to walk thanks to my conviction of filing a false police report. If you are a victim of domestic violence and are not in a situation to easily leave the person, be very careful calling for help.

[cdwjava]

If you are a victim of domestic violence and are not in a situation to easily leave the person, be very careful calling for help.

I am sorry you fell for the manipulation by your abuser, but this is HORRIBLE advice! Women DIE when they refuse to seek assistance ... and their children get injured or grow up thinking that abuse and control is the normal state of male-female relationships and the cycle goes on.

The system is generally designed to give the victim some measure of aid to get out on their own when victimized by an abuser. What they can't control is the poor decisions made by the victim when they choose to recant or even lie to protect their abuser (some 75% of DV victims walk this line within 48 hours of the reported abuse).

It amazes me, because YOU are willing to risk jail for your abuser, but the abuser is not willing to risk jail for you. he could have stepped forward and admitted to pushing you into lying ... but, he didn't. So, I hope you now see him for the snake he is.

In any event, this is horrible advice for victims. Victims SHOULD seek help - and they should seek it before they become hospitalized or dead. When you wait too long, it becomes much harder to get out.


- Carl