What are the penalties for filing a false police report?

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What are the penalties for filing a false police report?

I have psychiatric problems and during one of my “splits” accused my boyfriend of physically abusing me. I am fairly sure that what I recall from the night is the truth and not what I told the cops. What do I do to fix this this and makes things right again.

Asked on August 4, 2010 under Criminal Law, Kentucky

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think you need to start out by discussing this with your psychiatrist.  You, whether or not it was through a "split," have created a serious legal problem for your boyfriend, and you need to make your doctor aware of this.  You must do whatever your doctor asks you to do, in the way of treatment, at this point.

One way or another, I think you are going to have to document your condition to get this all worked out.  It could get complicated.  Your present recollection, in which your boyfriend is innocent, will probably be enough to get the charges against him dropped if there is no other evidence.

The concern is that you could be charged with filing a false police report.  However, if you have been diagnosed with a mental illness, and a doctor is willing to testify that your false report was the product of your illness, you'd have a good chance of being found not guilty for lack of capacity.

Talking to your doctor, now, and being compliant in treatment, will both make it more likely that your doctor would help you on the witness stand and make your claim of this defense more credible.

 


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