Filing a False Police Report Charge Attorney in Elizabeth, NJ

False Police Report Attorney Elizabeth, NJ

Filing a false police report is a serious offense in New Jersey that carries significant penalties. It can damage your reputation, lead to criminal charges, and have long-term consequences for your future. If you’re facing accusations of filing a false police report in Elizabeth, New Jersey, seeking immediate legal representation from an experienced attorney is crucial.

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Understanding False Police Report Charges in New Jersey

New Jersey law (NJSA 2C:28-4) prohibits knowingly providing false information to law enforcement with the intent to implicate another person or report a crime that didn’t occur. This offense is taken very seriously as it wastes valuable police resources, undermines the integrity of the justice system, and can have devastating consequences for innocent individuals who are falsely accused.

The specific charges and penalties for filing a false police report in New Jersey depend on the circumstances of the case.

• N.J.S.A. 2C:28-4(a): Falsely Incriminating Another

  • This occurs when someone knowingly provides false information to law enforcement with the specific purpose of implicating another person in a crime.
  • The severity of the charge depends on the nature of the crime the false report implicates someone in:
    
    • If the false report implicates someone in a crime of the first or second degree, the offense is a second-degree crime.
    • In all other cases, the offense is a third-degree crime.

• N.J.S.A. 2C:28-4(b): Fictitious Reports

  • This involves knowingly reporting or causing to be reported to law enforcement an offense or incident that did not occur, or pretending to furnish information relating to an offense or incident when you know you have no information relating to such offense or incident.
  • This is considered a fourth-degree crime.

If you are charge with falsely incriminating another (2C:28-4(a)), a Union County prosecutor must prove the following elements beyond a reasonable doubt: 

1. That the defendant [knowingly gave] [knowingly caused to be given] false
   information to a law enforcement officer;
2. That defendant knew, [at the time he/she gave the information] [at the time he/she
   caused the information to be given], that the information was false; and
3. That defendant’s purpose in providing this false information was to implicate another.

Remember, if the prosecutor fails to prove one of the elements above beyond a reasonable doubt, then the defendant must be found not guilty. 

Potential Penalties for Filing a False Police Report in Elizabeth

The penalties for filing a false police report can be severe:

• Second-Degree Crime:

  • Imprisonment: 5-10 years in state prison
  • Fines: Up to $150,000

• Third-Degree Crime:

  • Imprisonment: 3-5 years in state prison
  • Fines: Up to $15,000

• Fourth-Degree Crime:

  • Imprisonment: Up to 18 months in county jail
  • Fines: Up to $10,000

Beyond the immediate legal consequences, a conviction for filing a false police report can also have long-term ramifications:

• Damage to your reputation: A criminal record can affect your ability to secure employment, housing, or professional licenses.
• Difficulty obtaining visas or immigration benefits: If you’re not a U.S. citizen, a criminal conviction can impact your immigration status and lead to deportation.
• Loss of trust within your community: Being convicted of a crime involving dishonesty can erode trust and damage your relationships.

Defenses Against False Police Report Charges in Elizabeth, NJ

While the penalties are severe, there are potential defenses that can be raised against false police report charges in Elizabeth, NJ. An experienced attorney can help you explore and build a strong defense strategy. Some possible defenses include:

• Lack of intent: The prosecution must prove that you knowingly provided false information. If you can show you genuinely believed the information was true at the time, it may negate the required intent.
• Mistaken belief: If your report was based on a reasonable but mistaken belief, it may not be considered intentionally false.
• Coercion or duress: If you were forced or pressured into making a false report due to threats or intimidation, this could serve as a defense.
• Lack of evidence: The prosecution must present sufficient evidence to prove beyond a reasonable doubt that you filed a false report. If the evidence is weak or circumstantial, your attorney may be able to challenge its sufficiency.
• Constitutional Violations: If your rights were violated during the investigation or arrest, such as illegal search and seizure or lack of Miranda warnings, your attorney may be able to get evidence suppressed or even get the charges dismissed.

FAQs About False Police Report Charges

1. What are some common examples of false police reports?

   • Reporting a stolen car that was never actually stolen.
   • Falsely accusing someone of assault or theft.
   • Fabricating a story about being a victim of a crime.
   • Providing misleading information to the police during an investigation.

2. Can I be charged with filing a false police report even if no one was harmed?

   • Yes, even if your false report didn’t directly result in harm to anyone, it still wastes police resources and undermines the justice system.

3. What should I do if I’m being investigated for filing a false police report?

   • Contact an attorney immediately. Anything you say to the police can be used against you.

4. Will I go to jail if I’m convicted of filing a false police report?

   • It depends on the severity of the charge and the specific circumstances of your case. Second-degree crimes carry the possibility of state prison time, while third-degree crimes and disorderly persons offenses may result in county jail time or alternative penalties like probation or community service.

5. Can a conviction for filing a false police report be expunged from my record?

   • In some cases, you may be eligible to expunge a conviction for filing a false police report after a certain period. However, the expungement process is complex and requires meeting specific criteria. An attorney can advise you on your eligibility and guide you through the process.

FAQs Continued

• Can I be charged even if I recanted my statement later? Yes, recanting a false statement doesn’t automatically absolve you of the charge. However, it may be considered a mitigating factor during sentencing or plea negotiations.
• What if I was just trying to help someone else by making the false report? Even with good intentions, providing false information to the police is still a crime.
• What if the police coerced me into making a false confession? If you believe you were coerced or pressured into confessing to filing a false report, your attorney can investigate and potentially challenge the admissibility of the confession.
• Will a false report charge affect my ability to get a job? A conviction, especially for a fourth-degree crime, can negatively impact your employment prospects. Many employers conduct background checks and may be hesitant to hire someone with a criminal record.
• Can I withdraw a false police report?While you may be able to withdraw a false report, it doesn’t guarantee that you won’t face charges. The police and prosecutors will still consider the circumstances surrounding the report and may pursue charges if they believe you intentionally provided false information.

Why Choose Brett M. Rosen, Esq. as Your False Police Report Attorney?

• Extensive experience: Mr. Rosen has a deep understanding of New Jersey’s criminal laws and has successfully defended clients against various charges, including false police reports.
• Strategic defense: He will meticulously analyze the evidence, identify potential weaknesses in the prosecution’s case, and develop a strategic defense tailored to your unique circumstances.
• Strong advocacy: He will fight tirelessly to protect your rights and reputation, challenging the charges against you and advocating for the best possible outcome.
• Personalized attention: He understands the stress and anxiety associated with facing criminal charges and will provide you with compassionate and individualized support throughout the legal process.
• Free consultations: He offers free initial consultations to discuss your case and provide you with an honest assessment of your legal options.

Don’t Face a False Police Report Charge in Elizabeth Alone!

Facing a charge of filing a false police report is a serious matter with potentially significant consequences. Don’t face it alone. Brett M. Rosen, Esq. is a seasoned criminal defense attorney with the knowledge and experience to protect your rights and fight for the best possible outcome in your case.

Contact him today for a free consultation and let him put his expertise to work for you.