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Caught Making False Statements to the Police

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  • 03-05-2010, 02:04 AM
    TheWidowsSon
    Ohio Criminal Code 2921.13 A-3
    My question involves criminal law for the state of: Ohio

    My question involves criminal law for the state of: Ohio Criminal Code and Traffic code.

    Here is my story; back in Feb. my fiancee used my car, which is registered to my mother and insured by my mother, used my car, with his license suspended to go with his cousin to break into a house, me not sure of why they took the car in the first place, had I known I wouldn't have let them take the car. The cousin was arrested for Burglary and other stuff that has already been bound over to the grand jury. He left the scene in my car, and actually was seen driving away by a responding officer with a dash camera caught the registered plate and called my mother to see why the car was down there, (smart police work) - props there. in the mean time, he called and told me what had actually happened, and said I needed to tell the police I was driving and drove home, picked me up and went back to the city. Where we were at the police station, I we were both read Miranda, and I wrote a statement basically stating I was driving the car the whole time, then they told me about the dash cam, and I had to retract my statement, well, I had to write another statement below my original one first stating the original one was false (they made me write that), but not him, they gave him a new report to fill out, and I was given a ticket for Ohio Criminal Code 2921.13 A-3 which after some research says it had something to do with firearms? wouldn't this be considered perjury? and a ticket for wrongful entrustment Ohio Vehicle Code 4511.203 at my arraignment I plead not guilty to both charges and awaiting my court date. He was given a ticket for the same 2921.13 A-3 and driving under suspension, and plead guilty to DUS and not-guilty to 2912.13. Our court dates are on the same day and within a half hour of each other, I don't want to see him, and want a different court date. Should I ask for a continuance or call the prosecutor and speak to her before the court date and work something out?

    This all happened in the city or village of Geneva on the Lake, Ohio through lake county municipal court.

    Questions:
    1. Can I actually be charged in the Burglary or as an accessory as the police said I can be. and will I be notified of such or an indictment?
    2. In the court dockets it says "obstruction of official business" and not falsification as my charge can i get a lessor charge or have it dismissed or something like that?
    3. Since this incident, I have broken all contact, changed my phone number and blocked all internet access with my now ex-fiancee, and have a Temporary protection order and a police report filed that he caused and threaten to cause bodily harm to me, and is now sending message to my friends regarding my safety, what I can I do about this? -His record is an arm full, you name it he has been convicted of it. Including a recent M-1 Domestic Violence Conviction, he was a bad decision. Only reasons I was with this person was from a recent incident over the summer, that resulted in the loss of a pregnancy. He knew i Was vulnerable and took advantage of me, and I didn't see it until now.
    4. Should I really get a lawyer? or Public Defender?
    5. I want to have the book thrown at him, I want my life back and want to continue my journey BACK into medical school, this will destroy my career
    6. Can they take my car, what potential sentencing am I looking at for everything?

    If I want to plea to lessor charges, any advice as to what I should consider?

    -Any and all advice would be great- Thank you Expert-Law
  • 03-06-2010, 05:47 PM
    Mr. Knowitall
    Re: Ohio Criminal Code 2921.13 A-3
    You lied to the police with the goal of obstructing their investigation of a crime, and are charged accordingly.
    Quote:

    Quoting ORC 2921.13 Falsification - in theft offense - to purchase firearm.
    (A) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:
    (1) The statement is made in any official proceeding.

    (2) The statement is made with purpose to incriminate another.

    (3) The statement is made with purpose to mislead a public official in performing the public official’s official function.

    (4) The statement is made with purpose to secure the payment of unemployment compensation; Ohio works first; prevention, retention, and contingency benefits and services; disability financial assistance; retirement benefits; economic development assistance, as defined in section 9.66 of the Revised Code; or other benefits administered by a governmental agency or paid out of a public treasury.

    (5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.

    (6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.

    (7) The statement is in writing on or in connection with a report or return that is required or authorized by law.

    (8) The statement is in writing and is made with purpose to induce another to extend credit to or employ the offender, to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom the statement is directed relies upon it to that person’s detriment.

    (9) The statement is made with purpose to commit or facilitate the commission of a theft offense.

    (10) The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or other pleading, or an inventory, account, or report.

    (11) The statement is made on an account, form, record, stamp, label, or other writing that is required by law.

    (12) The statement is made in connection with the purchase of a firearm, as defined in section 2923.11 of the Revised Code, and in conjunction with the furnishing to the seller of the firearm of a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.

    (13) The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the secretary of state, a county recorder, or the clerk of a court of record.

    (14) The statement is made in an application filed with a county sheriff pursuant to section 2923.125 of the Revised Code in order to obtain or renew a license to carry a concealed handgun or is made in an affidavit submitted to a county sheriff to obtain a temporary emergency license to carry a concealed handgun under section 2923.1213 of the Revised Code.

    (15) The statement is required under section 5743.71 of the Revised Code in connection with the person’s purchase of cigarettes or tobacco products in a delivery sale.
    (B) No person, in connection with the purchase of a firearm, as defined in section 2923.11 of the Revised Code, shall knowingly furnish to the seller of the firearm a fictitious or altered driver’s or commercial driver’s license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser’s identity.

    (C) No person, in an attempt to obtain a license to carry a concealed handgun under section 2923.125 of the Revised Code, shall knowingly present to a sheriff a fictitious or altered document that purports to be certification of the person’s competence in handling a handgun as described in division (B)(3) of section 2923.125 of the Revised Code.

    (D) It is no defense to a charge under division (A)(6) of this section that the oath or affirmation was administered or taken in an irregular manner.

    (E) If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false but only that one or the other was false.

    (F)
    (1) Whoever violates division (A)(1), (2), (3), (4), (5), (6), (7), (8), (10), (11), (13), or (15) of this section is guilty of falsification, a misdemeanor of the first degree.

    (2) Whoever violates division (A)(9) of this section is guilty of falsification in a theft offense. Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars, falsification in a theft offense is a felony of the fifth degree. If the value of the property or services stolen is five thousand dollars or more and is less than one hundred thousand dollars, falsification in a theft offense is a felony of the fourth degree. If the value of the property or services stolen is one hundred thousand dollars or more, falsification in a theft offense is a felony of the third degree.

    (3) Whoever violates division (A)(12) or (B) of this section is guilty of falsification to purchase a firearm, a felony of the fifth degree.

    (4) Whoever violates division (A)(14) or (C) of this section is guilty of falsification to obtain a concealed handgun license, a felony of the fourth degree.
    (G) A person who violates this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney’s fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this division. A civil action under this division is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of this section.

    If a prosecutor reviews the case and determines that there's probable cause that you were involved in the burglary, you may be charged accordingly.

    If your ex- is violating the restraining order you have obtained, seek help from the police or through the court that issued the order.

    You are charged with a crime and want to pursue a career where your criminal record could be an impediment, and thus it reasonably follows that you would benefit from being represented by a lawyer.
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