Justice System, Police, Courts False Info. 2 Police

[ladyjain999]

Jurisdiction

California

To whom it may concern:

Good day; my name is Jain. On 14th August 2016 I provided law enforcement with false info. about my boyfriend. We'd had a heated argument regarding my drinking, after which he left. I told police extremely serious (& albeit untrue) allegations (rape, choking, punching, slapping). I was inebriated (I'm alcoholic), off my psych. meds. for 3 days (bipolar, for which I receive federal disability) & to boot had a warrant out for failing to complete 5 days Public Work service. (I knew I'd not be arrested as a DV 'victim'.) I had old bruises (unrelated to boyfriend) & the cops took photos of them. As of yet there is no warrant out for my boyfriend. I have 4 misdemeanor DV convictions & 2 yrs. Ago was charged w/ felony DV, for which I was not convicted (DA declined to prosecute); my boyfriend has no DV charges. I assume I need to inform police ASAP of these false allegations & there isn't a way to simply retract/rescind my statement??? I am frightened of worst case scenarios (ie boyfriend convicted although innocent; or I get convicted of a felony for filing false police report & spend a lengthy time incarcerated). What is the best way to proceed? Go to police asap...wait to see if DA picks up case & give a statement then? I assume the former. Thank you in advance for your time, energy & expertise in assisting me in this urgent mattet.

Best regards!

 

[army judge]

I suggest you immediately consult with 2 or 3 criminal defense attorneys.

The initial visit s provided at no charge.

The worst thing you can do is go to the police, without consulting an attorney.

Furthermore, there might be no need to say anything if the prosecutor "nolle prosses" the case.

I also suggest you immediately discuss this matter with your mental health care professional.

 

[mightymoose]

(I knew I'd not be arrested as a DV 'victim'.)

Don't take that for granted. It depends on the officer, and maybe a little on your location at the time. Victim or not, I would have taken you in.

I assume I need to inform police ASAP of these false allegations & there isn't a way to simply retract/rescind my statement???

That is the simple way to retract your statement. That does not mean they won't still seek prosecution. It is not unusual for DV victims to change their story afterward. The police will take your amended statement and leave. The decision to proceed would belong to the DA. The decision to pursue a charge against you for a false report would also belong to the DA. Having been intoxicated and off meds may absolve you of that or at least minimize the damage done, especially if the officers noted your condition in the initial report.

I am frightened of worst case scenarios

This is why you should not break the law. Life is much simpler that way.

What is the best way to proceed?

Contact the officer who took the initial report. You should have the name and report number already. Give your amended statement then wait and see what happens.

If you want you can try and seek legal counsel from someone locally before amending your statement.

 

[ladyjain999]

I suggest you immediately consult with 2 or 3 criminal defense attorneys.

The initial visit s provided at no charge.

The worst thing you can do is go to the police, without consulting an attorney.

Furthermore, there might be no need to say anything if the prosecutor "nolle prosses" the case.

I also suggest you immediately discuss this matter with your mental health care professional.

I am deep in gratitude for your help. God bless you for your service.

 

[army judge]

I am deep in gratitude for your help. God bless you for your service.

You're most welcome.
We try to help as much as we can with the limited resources we have.
The forum is comprised of a diverse group of people, who only want to help others as much as possible given we're often hundreds of miles apart.

Good luck.