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  1. #1

    Question Filing A False Police Report

    state:va

    i was curious to know (on average)how many women get charged with filing a false police report after a domestic assault case where at trial the defendent is found not guilty?

  2. #2
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    Default Re: Filing A False Police Report

    Q: state:va i was curious to know (on average)how many women get charged with filing a false police report after a domestic assault case where at trial the defendent is found not guilty?

    A: Some.

  3. #3

    Default Re: Filing A False Police Report

    just some? what would prompt a DA to issue the warrant? The woman never called the police. There was alcohol involved . Neither had a criminal background and it seems more like it was a nasty fight . There was no serious injury and the couple was only visiting friends in the area , so they do not reside in the same jurisdiction of the charges . The womans story is sketchy from the beginning because she cant remmember, a statemant she said which never changed also the woman on the next day called the arresting officer and left a voicemail stating that she did not want to press charges. Basically the officer took a statemant from a highly intoxicated woman( who has a history of panic disorders) and did not remember all that had happened at the time but was honestly frightened. She does state that she felt threatened for her own well being(extenuating circumstances relating to child custody and job security reasons) when the police where there and she felt the officer would arrest her if she did not press charges.

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    Default Re: Filing A False Police Report

    Q: just some?

    A: Yes.


    Q: what would prompt a DA to issue the warrant?

    A: DAs do not issue warrants; courts do.

  5. #5
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    Default Re: Filing A False Police Report

    Quote Quoting legalwisdom4va
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    just some?
    There are many reasons why someone is found "not guilty". if the state fails to meet it's statutory burden of "proof beyond a reasonable doubt" then a person is acquitted. This result does NOT imply factual innocence and does NOT - by itself - give rise to a false police report or perjury allegation. if that were the case, then everyone who won a case could sue their accuser or have them charged with a crime. It just does not work that way.

    what would prompt a DA to issue the warrant?
    A police report indicating some knowingly and intentionally false statements to the police. Then the DA would ask a judge to issue the warrant ... the DA doesn't issue these.

    There was no serious injury and the couple was only visiting friends in the area
    "Serious" injury is not required for DV.

    so they do not reside in the same jurisdiction of the charges
    Not relevant.

    The womans story is sketchy from the beginning because she cant remmember, a statemant she said which never changed also the woman on the next day called the arresting officer and left a voicemail stating that she did not want to press charges.
    If she was sketchy, then it is no wonder you were found not guilty. And it is not her decision to pursue charges or not, so that voice mail is irrelevant.

    Basically the officer took a statemant from a highly intoxicated woman( who has a history of panic disorders) and did not remember all that had happened at the time but was honestly frightened. She does state that she felt threatened for her own well being(extenuating circumstances relating to child custody and job security reasons) when the police where there and she felt the officer would arrest her if she did not press charges.
    Of course ... the police arrest people all the time for not reporting crimes.

    Her "panic disorders" are irrelevant unless the defense can somehow get these in at trial and argue that she was suffering from one at the time of the incident and that it made her lie to the cops ... good luck with that.

    If you feel that she lied to the police and intentionally got you in trouble, then you can try to sue her. But, you will have to prove her guilt, and that will be hard unless she confesses to knowingly lying.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6

    Default Re: Filing A False Police Report

    ok what would prompt the court?

  7. #7
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    Default Re: Filing A False Police Report

    Q: what would prompt the court?

    A: The law.

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    Default Re: Filing A False Police Report

    Quote Quoting legalwisdom4va
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    ok what would prompt the court?
    PROOF helps. PROOF that she knowingly, intentionally, and maliciously made the whole thing up to get you in trouble. Being wrong, or having a different take on the event is not criminal. And trying to prove guilt in this instance is about the same as proving absolute and factual innocence - it is almost impossible.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9

    Default Re: Filing A False Police Report

    Quote Quoting cdwjava
    View Post
    PROOF helps. PROOF that she knowingly, intentionally, and maliciously made the whole thing up to get you in trouble. Being wrong, or having a different take on the event is not criminal. And trying to prove guilt in this instance is about the same as proving absolute and factual innocence - it is almost impossible.

    - Carl
    ok it was the original arresting officer who is on the womans warrant/summons to appear in court. the man has no intent to sue and lets put this in perspective of the woman please. all they have is her statemant to police at the time and a 2 minute testimony in court. . lets add another twist..the male subject is foreign born and not a us citizen also he is of arab decent. which if he had been guilty means he faced deportation. also the woman was pregnant at the time . the officer was aware and was informed of a planned abortion. the woman is 10 years older then the man. also the only testimony heard at (domestic abuse)court was the womans and not the officers or males. the prosecuter for this case new he could not prove the male guilty . though it was never asked by the court but the woman did not at the time of the original statement knowingly or maliciously make up the story she did not understand what was going on and truly did fear for herself at the time. how could she prove that?

  10. #10
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    Default Re: Filing A False Police Report

    Absent any proof, no criminal charges will be forthcoming. The man can ask that the state investigate the matter, but they (the police) are under no obligation to do so. He may choose to SUE the woman as the burden of proof for a civil suit is less than that needed for a criminal trial (preponderance of the evidence as opposed to beyond a reasonable doubt).

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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