Sunday, February 7, 2010

Can I press charges on someone for making a false statement?

A couple of months ago my husband and I dropped off his daughter at her house. As soon as we were leaving the premises where she lives (job corp housing), we were approached by about 7 sheriffs, guns pointed at us, both my husband and I were handcuffed and my mom and my newborn were in the car with us. They say it was an anonymous report but we know if was my husband's ex and her boyfriend who made it. They said that the previous Friday that we picked up his daughter, that my husband had a gun and point it at them. They didn't find nothing that Sunday that they searched the car (because he never had nothing on him) and they still arrested him and took him in, handcuffed me and to my belief put both my mother and newborn in danger. I understand it's their job and respect that, but if they never found nothing on him then why did they arrest him and why does he know have to go to court in a couple of weeks and get a lawyer to get this straight? Can we put charges on her?Can I press charges on someone for making a false statement?
Making a false police report is a crime in California and can lead to arrest of the person making the false report. There are two inherent problems in this case.





(1) You aren't the victim of a false police report, the state is. The state or law enforcement agency will need to pursue this kind of charge if they see fit to do so.





(2) There must have been some evidence, witnesses or something more to support that your husband broke the law, otherwise I can't imagine that the police would have arrested him. Beyond that, it sounds like the DA has filed charges against him (since he has to appear with a lawyer). If thats the case, there must be some evidence against him.





Now is probably a good time to talk to that lawyer.Can I press charges on someone for making a false statement?
No you can not since he was charged, its a serious thing to be accused of therefore without evidence it requires legal work to get rid of the problem.
Since your husband has been charged, he has to show up in court. But get a good lawyer to explain the situation and perhaps the judge will throw out the charges. Hopefully your husband has no previous record, right?


Then you can file again to have false arrest charges against the police officers and the ex.


Good luck.
falsifying a police report is a crime.





also if you husband is ever charged, you would be able to face your accusers.





what i would do is a pre-emptive response - put a restraining order on them to ensure that they can't come near you and repeat the accusation...
I feel so very sorry for all the children involved in this situation. Your husband should pick the kids up from his ex's home on his own from now on. You should stay home.
If nothing comes of it -case gets thrown out or charges dropped- and the cops don't go any further, you can always sue. You can sue the cops for false arrest, and sue the butch for whatever you and a good lawyer can come up with. Whether you win is up to the judge, but yes, you have a right to sue a couple of people here.
I don't know if you can or can't, but I hope you can. Maybe the officers can also press charges for them making false statements. My only request is that you nail them as hard as you can. Good luck.

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