[MercedezBlue]

1. Is it a crime to file a false police report or complaint? If so will the person be arrested? if so
a. What type of crime is it (i.e. misdemeanor, felony, etc)?
B. For a 1st time offender usually what is the punishment (i.e. fine, community service, etc.)?

2. Once it is deemed that the report/complaint was false can the victim sue (in civil court) the person who made the complaint? If yes
What would be the basis (i.e. libel, slander, etc)?

Thanks.

[aaron]

1. Is it a crime to file a false police report or complaint? If so will the person be arrested?

If the police and prosecutor choose to pursue the matter, the person could be charged with a crime.

if so
a. What type of crime is it (i.e. misdemeanor, felony, etc)?
B. For a 1st time offender usually what is the punishment (i.e. fine, community service, etc.)?

New York has three different statutes for filing false police reports, Penal Code Sections 240.50, 240.55, and 240.60. The penalty can be a misdemeanor or felony.

2. Once it is deemed that the report/complaint was false can the victim sue (in civil court) the person who made the complaint? If yes What would be the basis (i.e. libel, slander, etc)?

What happened as a result of the police report? Was somebody wrongfully arrested or prosecuted?

[MercedezBlue]

What happened as a result of the police report? Was somebody wrongfully arrested or prosecuted?


Ok to answer your question so you can hopefully answer mine here is the short history: The boss of my company filed a complaint saying I stole & forged a check. Despite me swearing I didn't steal or forge anything the detective didn't believe me. I was charged. I spoke to a lawyer who said my defense would cost 3k for him and 3k for his handwriting expert since the DA won't pay for one because the amount was so little ($692.00). Knowing I didn’t have that kind of money I went online looked up my own expert who charged me $200 and wrote a report stating in his expert opinion the check was not forged and in fact was signed by my boss so the DA dropped all the charges. I feel she should pay me not only that check (for services I preformed for her as an independent contractor) but the bank fees I was charged after she said I stole the check and forged it (the funds were reversed out of my account putting me in the negative) as well as the fee for the expert.

[Mr. Knowitall]

Those facts may support an action for defamation, and possibly for intentional infliction of emotional distress (although it is typically very hard to satisfy the elements of that particular cause of action).