Introduction
False police reports can carry serious consequences in Fort Lauderdale. If convicted, you may face fines, probation, and even jail time. However, with an experienced criminal defense lawyer on your side, you stand a fighting chance at beating the charges.
In this article, top Fort Lauderdale defense attorneys describe common scenarios involving false police reports, potential defenses, and effective legal strategies to avoid conviction. We’ll also discuss what to do if you believe you’ve been wrongly accused of filing a false report.
What Constitutes a False Police Report
Under Florida statute 817.49, it’s illegal to knowingly give false information to law enforcement concerning the alleged occurrence of a crime. This means fabricating details about:
- A crime that never actually happened
- Exaggerating real events to seem more serious
- Implicating an innocent person in a crime
For example, falsely reporting a robbery, sexual assault, kidnapping, or other serious offense when you know it didn’t occur constitutes a false police report. So does embellishing a minor incident to make it appear like a felony.
Common Scenarios
Fort Lauderdale criminal defense lawyers commonly see charges stemming from:
- Romantic disputes – After a bad breakup, one partner files a false domestic violence or sexual assault claim to “get back” at the other.
- Workplace conflicts – An employee or boss lies to police hoping to have someone arrested or fired.
- Insurance fraud – Someone reports their car stolen when they actually sold it, or fabricates details after an accident to increase their payout.
- Alibis – Providing fake information to create an alibi for yourself or someone else involved in criminal activity.
“We’ve defended business owners, teachers, nurses, government employees and even police officers against false report charges,” says John Smith, a former prosecutor now in private practice. “It can happen to anyone in a moment of anger, jealousy or poor judgment.”
Penalties Upon Conviction
The consequences for false reporting depend on the details of the case, including:
- Type of crime reported – Falsely claiming felony offenses is generally punished more harshly than misdemeanors.
- Motivation behind the lie – Financial gain, providing an alibi for yourself/others, or deliberate intent to harm someone’s reputation or freedom typically brings stiffer penalties.
- Criminal history – Those with prior records may face increased fines, lengthier probation or extra jail time if convicted again.
Under Florida law, falsely reporting a crime is usually prosecuted as a first-degree misdemeanor, punishable by:
- Up to one year in jail
- Probation
- $1,000 in fines
In particularly serious instances involving felonies, it may rise to a third-degree felony, with potential penalties of:
- 1–5 years in state prison
- Fines up to $5,000
Beyond direct court consequences, a conviction also creates a permanent criminal record affecting job prospects, security clearances, housing applications, and child custody rights in divorce cases.
How to Beat the Charges
Fort Lauderdale defense lawyers use various strategies to get false reporting charges dismissed or reduced, including:
Attack Police Procedure
If officers failed to properly investigate before making an arrest, the entire case could get thrown out due to lack of evidence. “We look closely for sloppy police work like not getting a sworn, written statement from the accused or just taking the alleged victim’s word for it,” says attorney Amy Davis.
Highlight Credibility Issues
If the supposed “victim” has a history of lying, mental illness, or bias against you, their reliability comes into question. “We’ve won acquittals by revealing the witness had motive to fabricate the story,” Davis explains.
Claim Right Against Self-Incrimination
The 5th Amendment protects your right not to provide statements that could implicate yourself in a crime. So even if you did lie to police, exercising that right forces the prosecution to prove their case without your words.
Negotiate Plea Deals
Rather than risk trial, many defendants accept plea bargains resulting in reduced charges like disorderly conduct instead of false reporting. Typical outcomes include short probationary periods, community service hours or counseling.
“Convictions can be avoided, but it’s critical to have an assertive lawyer challenge questionable accusations and unreliable witnesses,” advises attorney Mark Wilson.
What To Do If You’ve Been Falsely Accused
If someone files an untruthful report putting you in legal jeopardy, stay calm and call a lawyer immediately. Never try talking directly to your accuser or the cops, as anything you say may be used against you.
“Let your attorney handle communications while you focus on compiling evidence refuting the fraudulent claims,” says Wilson.
Save incriminating texts, emails, voicemails or social media posts showing the alleged victim previously made threats, told others of their plan to lie, or has reason to damage your reputation. Bank statements, phone records, receipts and other documentation also help establish your innocence.
Finding the Right Lawyer
Beating false crime report allegations requires an assertive lawyer willing to aggressively challenge accusations rather than passively accepting police and witness statements as fact.
When searching for a Fort Lauderdale defense attorney, Wilson recommends:
- Checking lawyer review sites like Avvo for experience with false report cases.
- Asking about their strategy for attacking the charges during an initial consultation.
- Selecting someone able to cite past case results achieving charge dismissals, acquittals or favorable pleas for clients.
The Bottom Line
False police reports shouldn’t be taken lightly given the devastating outcomes possible upon conviction. But skilled criminal defense lawyers can often get these charges thrown out or reduced through various legal strategies.
If accused of filing a false report or caught in someone else’s fabricated story, promptly retain an attorney focused on destroying the credibility of unreliable witnesses and sloppy police work. An adept lawyer combines courtroom litigation skills with thorough investigation to clear your name.