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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default Penalty for Filing a False Report

    My ex filed a false police report claiming that I strangled her and threathened to kill her so that I would not kick her out of the house for cheating. I was put in jail and now I'm facing domestic battery charges.

    In the many years we have been together, I have never harmed her or threatened her in any way, shape, or manner. Although no longer together, her and I are on speaking terms and have put this issue behind us.

    Unfortunately, the legal issues remain. The only evidence I have to prove my innocence is an apology card stating among other loving thoughts "i'm sorry for everything." Also, the police report states that there were no markings or other bodily harm on either of us.

    Because I have a positive influence in my life now with God by my side, I have forgiven her and hold no ill feelings towards her.

    She has lied to me (about the affair), and the DA, and now she is scared about the repercussions. She has not shown up for court twice, and each time the DA has gotten an extension. We showed up to court together the third time and prior to taking the witness stand, she fled the courthouse because she didn't want to testify against herself and get in trouble for lying. The DA was not very happy, got another extension, and now a warrant is out for her arrest.

    The entire time my public defender has been advising me time and again to plea. I have told her in no uncertain terms that I did not do this and will NEVER plea and to defend me as aggressively as she can. She seems new and I don't have confidence in her but can't afford a private attorney.

    What is a Material Witness Warrant? Can they pursue her at home or work, or do they just get picked up on traffic stops, etc.?

    What is the penalty for lying to the police and the DA? How much trouble is she in?

    Should I get my own attorney or just have faith in the system?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Penalty for Filing a False Report

    If there is a warrant for her arrest, they will arrest her when they find her. No one can say how hard the police will look for her, though.

    If you can afford a private attorney, you should not have been provided a public one. But, if you do not like this one, then gather your pennies and hire your own.

    No one can guess how things will turn out. If she is charged with making a false report, she could go to jail. However, this is rarely a charged offense for a host of reasons.

    - Carl

  3. #3
    Join Date
    Oct 2007
    Posts
    3

    Default Re: Penalty for Filing a False Report

    It sounds like she is making the situation worse and worse by not facing up to it. She is embarrassing and inconveniencing the DA and wasting the court's time. The DA is reasonably upset.

    I'm not an attorney, but could she not simply refuse to testify? Can't your attorney discuss having the case against you dropped?

    The material witness warrant is a tool to haul in and possibly detain a key witness in the DA's case. The DA could just want to talk to her, or the DA is making sure that she will be present for the next court date. The police can look for her at home or work and arrest her.

    If she did lie to the DA, then she might want to consider getting an attorney as well. She needs to face the situation and avoid antagonizing the DA further. She needs to talk to an attorney to figure out how much trouble she might be in, how likely she is to be charged, and how to resolve the situation before it gets worse. It can't be your public defender of course. The attorney will likely advise that she turn herself in as well, unless the warrant can be dropped.

    If your public defender isn't already negotiating with the DA to try to have the case against you dropped, then I think you need a new attorney. You need to figure out how to afford one now, or you might be paying later in permanent repercussions to your life.

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