Expert: Philip Sweeting - 11/16/2007

Question
I am being charged with falsifying a police report and perjury felony. I reported my car stolen the 2nd day from the initial incident. This was due to the fact that i tried the first day but got the run around from the sheriffs agency. Sheriffs took my report at my house on the night of the second day. They had a witness who identified the person leaving my car in a hit and run incident. It appears that  during the time that this officer was taking my report they brought the witness around and put the cars spotlight on me. The officer later told me to get in the back of his car, a second officer put me under arrest and told me the witness said i matched the description of whoever he saw leaving my car that night. Right away one of the officers became really aggressive and started saying that i was lying to them about my car being stolen. I worked late the night before my car was stolen, came home went to sleep and found my car missing in the morning. The officer said the keys to my car were found in it, I've forgotten my keys in the car a few times before, i know very stupid of me. The cars door locks didn't work it always remained unlocked. I work full-time and attend school full-time. theres so much going on in my life and this is the last thing i needed. I am out on bail but I've done nothing wrong and have no criminal record. Can these guys really charge me with this and how far do you think this will go? Please, if you can, give me some advice and insight to how all this might play out. thank you.

Answer
Unfortunately some police officers will arrest people on weak evidence or a suspicion and once that is done it cost you money to "prove" they were wrong for arresting you. In this case you will probably need a lawyer.

The officers suspicions are that you were the driver of the hit and run and are now claiming someone stole your car and they must have been the ones driving your car at the time of the accident.

A lot of facts were not provided such as how and when was your car found? How was it your car that was identified as being involved in the accident?

As for the person who identified you ...a good lawyer could probably get that identification thrown out for a variety of reasons but again that cost you money.

your lawyer will want to know...can you prove where you were at the time of the accident? If you called the sheriff the first day does the sheriff have a record of that call, will your phone records show the call? And was that call placed prior to the accident? Good luck.