What Can You Do About a False Police Report

[untouchedworld]

My question involves police conduct in the State of: Illinois

I've recently obtained some police report that an ex-girlfriend placed against me. Furthermore, the ex-girlfriend's father filed a false police report against me, falsely bearing himself as witness to something. After reading and analyzing them, I've come to understand there are many fabrications in them. As such, I believe they are false police reports.

How would I go about filing in the police station to say that the individuals made false police reports against me?
What will happen when I file against the individuals, claiming that false police reports were made?
Will I be questioned?

I am able to go into the actus reus and mens rea of the events, so I do not have a problem there.
I did not hold a guilty mind, nor hold any wrongful intent or commit reckless actions.

It appears the police took consideration as to these reports, as they did a follow-up on at least one of them.

[cdwjava]

Were you criminally charged as a result of these reports?

Can you prove beyond a reasonable doubt that the reporting parties knowingly and intentionally fabricated stories or evidence provided to the police? It is unlikely the police will investigate such a complaint in any depth unless their own investigation of the report found evidence of false reporting.

Police and prosecutors are reluctant to bring charges against complaining parties for a host of reasons, and unless the evidence is compelling that they made everything up, a filing for a criminal violation just is not likely to happen. Therefore, you will be left with the civil process.

Are you willing to pay an attorney thousands of dollars to pursue a civil action against them for this in the hope that you might receive some award at the other end for damages that are intangible at best?

Best bet might be to stay away from the ex and her family, and cease any and all communications with them.

[untouchedworld]

Technically, yes, I can prove with physical evidence that there were falsehoods in the reports.
The police have much more ability to do this, than I, however.

In one report, the father tells a falsehood that he attempted to attack me as though to defend his property. It was in fact someone else attempting to attack me who was not owner of a property. I did not care for the fact that an individual assaulted me. The individual was also on a cellphone as I left. As such, there should be physical evidence that a cellphone was used during the crime. I held no intent to disturb the peace. I did not believe my actions were reckless. No malicious intent was considered on my part.

Assault is a crime, and the father was covering up for someone's crime. I would like to press charges against the individual who assaulted me. Furthermore, there are falsehoods of material facts. If anything, I would like the truth of the situation to take civil action against the individual(s) associated with the assault.

Individuals have alleged that I have committed crimes, which are falsehoods.

[cdwjava]

Technically, yes, I can prove with physical evidence that there were falsehoods in the reports.

In one report, the father tells a falsehood that he attempted to attack me as though to defend his property. It was in fact someone else attempting to attack me who was not owner of a property. I did not care for the fact that an individual assaulted me. The individual was also on a cellphone as I left. As such, there should be physical evidence that a cellphone was used during the crime.

The police are not likely to subpoena or seek a search warrant for cell phone records especially since they would not be definitive proof of false reporting. But, if you want to sue them and pay for this to happen, you are welcome to.

Assault is a crime, and the father was covering up for someone's crime. I would like to press charges against the individual who assaulted me.

You can report the assault to the police. I assume that if the police were investigating the incident already that you have already told them of this, correct? If so, unless their investigation turns up evidence of false reporting it ain't gonna happen. Technically it is the state that is a victim of a false police report, not you. So, THEY need to pursue the matter if they choose to and if they can objectively prove that there were knowing and intentional lies.

Furthermore, there are falsehoods of material facts. If anything, I would like the truth of the situation to take civil action against the individual(s) associated with the assault.

Consult some civil attorneys and expect to pay at least $10,000 on the attempt to sue them. Keep in mind that depositions will cost more - perhaps a couple grand per deposition for recorders and the attorney, AND you will have to be able to articulate some pretty specific damages. Absent a hospital bill or lasting injury, an award from a fistfight is unlikely to come anywhere near covering your attorney's fees.

Individuals have alleged that I have committed crimes, which are falsehoods.

Good luck proving that they lied rather than had a different perspective. And, as I said, the state is reluctant to pursue complaining parties unless there exists some pretty clear and convincing proof of making a false report. Absent a confession or clear, objective evidence of this fact, it is exceedingly rare.

[L-1]

There is something else to consider here.

This is not an case of a person saying you did something at Location X, when I reality you were on vacation 1,000 miles away and the entire story is a fabrication. Instead, this is a dispute over certain elements within a story.

When a case goes to a jury, one of the instructions the judge gives to jurors regarding truthfulness of witnesses goes something like this:

Sometimes a witness may say something that is not consistent with something else he or she said. Sometimes different witnesses will give different versions of what happened. People often forget things or make mistakes in what they remember. Also, two people might see the same event but remember it differently. You may consider these differences, but do not decide that testimony is untrue just because it differs from other testimony.

With that in mind, it is highly unlikely a District Attorney or City Attorney will prosecute someone just because their version of events differs from yours. That is a matter to be played out when the case comes to court.

[cdwjava]

With that in mind, it is highly unlikely a District Attorney or City Attorney will prosecute someone just because their version of events differs from yours. That is a matter to be played out when the case comes to court.

One grand reason why these matters are rarely ever prosecuted.

I hear the term "lie" used with some frequency when, in point of fact, all that can really be proven is that the accounts differ. Two reasonable and honest people can view the same incident and have differing perspectives on the facts. It is not a lie to be wrong or to interpret the scene in a different way than another person might. Even if the event were captured on video and the reporting party had a different interpretation of evens than that which appears on the video, that would not mean the party LIED, only that they misinterpreted the events.

The OP is grasping at straws here, and unless he is willing to spend thousands on an attorney in a civil suit, this is not likely to go anywhere unless the police uncovered actual, objective provable lies ... and the police hate to get lied to!