Falsifying Police Report

A friends wife was arrested on domestic violence charges.  She spent the night in jail and was released on a PR bond.  It is the 3rd time she has been arrested for it.  Trial is upcoming....

"She" called the cops on him.....yet because of the 2 priors he lied to the cops and lied in his statement.  They obviously believed him and not her....

His guilt got the better of him and he is turning himself in to the DA/police/judge and set the record straight.

He has never had previous offenses.  Colorado is the state.  Is he looking at major jail time for falsifying a police report and wasting police/court time...or perhaps a fine and probation?

Obviously he is pleading guilty since he is turning himself in.....will this give him a "break" so to speak.  And will being a first time offender give him a break as well?

MOST importantly....will the charges against her be dropped since she did nothing and he set the story straight?

Thanks you for your time if anybody can help with this.

huntergt:

Obviously he is pleading guilty since he is turning himself in.....will this give him a "break" so to speak. And will being a first time offender give him a break as well?

The obvious answers to those two questions is Maybe and Maybe.

huntergt:

MOST importantly....will the charges against her be dropped since she did nothing and he set the story straight?

Not automatically and possibly not until he is actually convicted and sentenced.

Although a skilled attorney who is well acquainted with the judges and prosecutors might be able to get the charges dismissed.

She should get an attorney. This is not a DIY project.

Well it may be obvious to you.....but not to me....which is why I asked the question.

We realize it is not a DIY project. 

Anybody else have anything with a bit more depth?

Not really.

The best thing that the husband can do is hire a local atty and get their adivce BEFORE pleading guilty.

Since you realise it is not a DIY project a local atty would be able to examine ALL of the evidence first hand and offer a qualified opinion.

Well affording a lawyer is out of the question....the guy makes like 8 dollars a hour.

I "think" that it is a class 3 misdemeanor from what I dug up....but I'm not positive...as legal talk is way beyond me. 

So I think he is just going to talk to the DA or judge and tell them that she did nothing and that he made a false statement out of fear.  First offense for him....so hopefully just a fine and probation.  Even 90 days in jail would be ok for him.....just not like 5 damn years or some non-sense.

I thank you both for your time and answers....

If they are unable to afford local council they may be able to get a PD. Please remember that PD's deal with DA's and judges all day long and can be very good advocates for defendants.

While pleading guilty right now is not a big deal to them, they MUST think about their future and furture employment. With the decline in the economy more and more people are being excluded / terminated because of criminal pasts. $8 an hour now vs $0 in the future is a big deal.

Yeah I def understand that....but what choice does he have?  Just be quiet and let the wife take the fall when she did nothing wrong?

He lied to the cops and he feels guilty.....he wants her to NOT face charges over his lieing in a police report.  Shes facing her 3rd domestic charge if he lets it ride....compared to his first charge.

Any chance of somebody digging up the Colorado law for this?  I've searched MANY sites which literally confuse the hell out of me....

Thanks a ton for your replies/help Vadgue....

The problem with liars is that you can't tell when they are lying.  He could have lied in the initial event, or he could be lying now.  The prosecutor won't KNOW what is going on.

The normal procedure for DV cases is that the victim recants and the story changes.  Consequently, prosecutors normally aren't going to just dismiss a case when the victim goes back on the event.

A false report to police would commonly be a misdemeanor, but it could also depend on whether or not someone spent time in custody.

He can't make them charge him and he can't turn himself in on a charge that doesn't exist.

He can talk to her attorney about the problem.  Her attorney ABSOLUTELY wants to know this information.

As a Private Investigator conducting an investigation into "false arrest, malicious prosecution, legal and judicial misconduct" in Colorado (125 page document on file); it is unlikely that the police, prosecutor and the courts will dismiss the charges.  Especially if they believe that a finding of not guilty will lead to civil court action against the officers, the prosecution, and the communities involved.  They will do everything in their power to "act for the protection of all the above mentioned"!  HOWEVER, SUCH AN ACT OF "CONTINUING TO PURSUE PROSECUTION KNOWING THAT THEY DO NOT (AND DID NOT) HAVE EVEN REASONABLE SUSPICION TO BELIEVE THAT THE WIFE COMMITTED THE CRIMES will further establish reasonable belief AND probable cause that the police officers, prosecution, defense attorney (if any) AND the presiding judge acted in a "willful, malicious and wanton behavior" to deny the defendant "full and complete protection of her civil rights under the Constitution of the State of Colorado and these United States" and the laws/federeal codes established therein.  My previous client's publication reveal that none of the laws, statutes, federal codes, rules and regulations, policies and procedures were complied with by the police, ems, prosecution, defense attorney AND the presiding judge.  The Judge even declared at the preliminary there was no probable cause on the part of the police for the arrest!

Obtain all documents, record and document any and all conversations with police, attorneys and judges.  Obtain witnesses statements and names.  An aggressive investigation may change the course of events.

Otherwise pray that God and Christ will "destroy their evil ways and bring down God's righteousness!

Ronald Keith

This isn't a false arrest.  The alleged victim gave incriminating statements and the state gets to act on that.

I don't see how a defense attorney is liable here.  If I could dismiss charges, I'd close all my files and go fishing.

A recanting victim creates a question of fact, which is why we have trials.  The jury (or judge in a bench trial) decides what evidence it believes and comes up with the legal facts.

Even where a victim recants, there can be other evidence that can establish guilt, like third party witnesses, phone calls from the jail, letters that offer an apology, etc.