Sunday, February 7, 2010

Legal recourse for false charges filed?

Is there any legal recourse against someone who files false charges of aggravated harassment?Legal recourse for false charges filed?
yes, jail time. It' up to the courts honestly, but you could get jail for that. Police do not like you to waste their time, when they see it as someone's life may have been in danger but they spent their time following up on a false report. That pisses them off real bad.Legal recourse for false charges filed?
I think we need more info......





However, if you are found ';not guilty'; (no one is innocent) of harrassement charges, then cudos for you.





It is difficult to determine if you could file charges for false reporting.





Example. Your neigbhor said, ';Keep your dog off my lawn or I will shoot you.'; That is harrassement.





Court finds him not guilty because he has no gun and couldn't shoot you.





He cannot expect you to be arrested for making a false accusations.
If you were charged with an offense, but found not guilty; that does not mean that charges would be filed against your accuser.





If you were able to prove to a prosecutor that the charges filed were false and that the accuser knew they were false, he might be persuaded to pursue charges. Don't hold your breath.





If you want recourse, you best bet is through the civil courts. The fact that you were found not guilty in a criminal court will not be sufficient proof of a false report. You have to prove that the report was knowingly false and maliciously made.





Good luck with that.
The D.A. usually doesn't file charges for false reporting. I know it's messed up. Especially for Domestic Violence. I saw a case recently where the wife lied on her hubby and admitted it in court. The D.A. still went forward and the guy got convicted. I don't know if the woman lied or not but if she did she should have went to jail.

No comments:

Post a Comment