Thursday, February 4, 2010

What are the charges for filing a false police report?

I have a friend who is being accused of sexually abusing their child. Someone called a Child protective service, and claimed that they knew that this person had an inappropriate relationship with their child. This is a false report. if it is physically proven so, what are the legal charges against the person who filed the report. Would my friend have to press charges?What are the charges for filing a false police report?
all this person has to say is ';they thought something was going on';.. and nothing will happen to them if it is proven wrong.. now if they said ';I saw it happen'; and it is proven they are lying then yes, they can get in trouble.What are the charges for filing a false police report?
In most states a CPS report is not a police report. Because the welfare of a child is involved the courts have found the need to allow a wider latitude on child safety reports.Then there is the factor in almost all state where the law needs the action to be willful or the person knows that the report is false.


Physical evidence is not always available and is often wrong (in both proof and disproof) and cannot be the whole basis of a finding.





Criminally in my state a false police report is disorderly conduct, a misdemeanor, unless major physical danger is involved and then it can become a felony.





Civilly the victim of the false report win a law suit but again, knowingly and willfully are the watch words.
Hi, SInce the initial report was filed with CPS, the investigation starts there. Then, CPS notifies the authorities. In some cases, CPS will notify the authorities after their investigation is complete which is within 24 hours. That is, if the case is founded. It just depends on the process in your state. Usually, the person filing a false report is not arrested for that charge unless it impedes a police investigation. Your friend can attempt to file charges in the local clerk's office. But, again, it would depend on the laws in your state. Filing a false police report, if proven, is a crime and punishable by law if pursued by the individual or county attorney. Especially if criminal charges or an arrest occur as a result of the false report. Good luck!! JOSA

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