Expert: Philip Sweeting - 7/23/2005

Question
What is the penalty for filing a false police report?  Is that person arrested by the police, or does the person who was falsely filed against have to be the one to press charges?

It was proven that this person falsely filed assault charges against someone.  There was a witness who testified that no assualt ever took place (the witness was an off-duty police officer, previously unknown to the victim of the false report).

Answer
The penalty for filing a false police report would depend on the law in the state that it was reported. It could be a misdemeanor or felony and also depend if it was a sworn statement. You could check the laws in the state where it happened on the internet. All states now have their laws posted. Just find the web page for your state statutes and do a search for "fasle police report".

In any event it is a crime to file a false report and it would be the police who would file criminal charges. However, in many cases the police do not charge someone for a false report because it may be hard to prove or they just don't view it serious enough to spend their time filing charges. That does not mean it is right but that is just the way the system works.

If you believe the police should file charges I would suggest you contact the police department/supervisor and have them explain to you why they have not. In police departments like everywhere else, the "squeaky wheel gets the oil". If they believe you aren't concerned and will go away, they will drop it. But if you let them know you want something done (in a nice way) and are not going away, if they have a case they will sometimes file charges.

If someone did file a false report you could also sue them in civil court but you might have a hard time finding an attorney who will take the case unless you are willing to pay the cost.

Hope this helps. Good luck.