Filing A False Police Report From Dropping Charges

**jennmiddle** · 05-07-2008, 12:51 PM

My question involves criminal law for the state of: Virignia

My boyfried was recently arrested for five charges: DWI 1st, posession of a controlled substance, failure to stop at the scense of an accident, larceny, and reckless care for a child.

My car was the one used in this incident and I was told he would be charged with unautorized use of the vehicle, but now the charge is coming up as larceny. The officer involved with the case told me that if I drop the charge I will be charged with filing a false police report. First of all is this true. Second, is it possible for he accused and I to settle some type of restitution instead of being charged with larceny?

**LawResearcherMissy** · 05-09-2008, 08:49 AM

First of all is this true.

Possibly. A charge of filing a false police report is not an automatic thing if you choose to drop charges, but if the cop who has been dealing with this so chooses, he can do so.

Second, is it possible for he accused and I to settle some type of restitution instead of being charged with larceny?

Again, possibly. You'll really want to get a lawyer involved here.

**Mr. Knowitall** · 05-09-2008, 10:24 AM

You apparently told the police that he took your car without permission. If you now want to change your story and say he had permission, why wouldn't they warn you that you could be charged with filing a false police report?

So your boyfriend took your car, got drunk (and possibly stoned), got into a hit-and-run accident, and all the while he had a child in the car? (Was this your child?) Dropping the larceny charge isn't likely to change his sentence. Let your boyfriend and his lawyer work it out as part of their plea deal.

**aardvarc** · 05-09-2008, 04:05 PM

Quoting jennmiddle

is it possible for he accused and I to settle some type of restitution instead of being charged with larceny?

When a crime is committed, it is committed against society as a whole - NOT against just the individual that was on the receiving end of the crime. Your role in this from the criminal justice perspective is really only one of a witness, so you don't have the right or ability to speak for the rest of us in the criminal charge - that's the prosecution's job. You can certainly use the civil court (as opposed to the criminal court) to go after restitution for injuries that only YOU suffered - but the criminal courts act as the voice of ALL of us and act on that level.