False Report of a Crime

Making a false police report

What is a "False Report?"

Making a False Report of a Crime is a misdemeanor in Massachusetts with a maximum sentence of one year in jail, and/or a $500 fine. M.G.L. ch. 269, sec. 13A requires the prosecution to prove four elements beyond a reasonable doubt. Those are:

  1. The defendant reported a crime or caused a report to be made;
  2. the report was false;
  3. the defendant intended to make the false report and it was not by accident or negligence; and
  4. the defendant knew the report they were making was false

What makes a report "false" is more than simply getting some facts wrong. Reporting a robbery occurred at 6:30 when it really happened at 7:45 is not grounds to warrant a charge of filing a false report. The Massachusetts courts have determined that what is required to render a report false is substantial inaccuracy. While reporting an inaccurate date or time a crime occurred may not suffice to support a charge of filing a false report, saying you were present and witnessed a crime, when you had not, would.

 

Defense to False Report of a Crime

Both "knowledge" and "intent" are required to prove a charge of False report of a crime. Both elements are typically very difficult for the prosecution to prove as they need to show beyond a reasonable doubt that an inaccuracies were both knowingly and intentionally false. This usually requires prosecutors to rely on other evidence, such as other witness statements or the defendant's own statements.

Misremembering a date or time, or who was present is not, on its own, enough to warrant criminal prosecution for filing a false report. Since these cases are typically difficult to prove, it can be a good idea to pursue the case through trial.

The Equitas Experience

False Report of a Crime charges are usually just threatened by police to limit a person making frivolous complaints, and seldom is someone sentenced to jail on this charge. If you are charged, the Attorneys at Equitas Law have years of experience dealing with some of the most serious crimes in Massachusetts. Our attorneys are often able to make it so False Report of a Crime charges do not impact your record or are even dismissed entirely. Contact us today if you are facing a charge of False Report of a Crime. Call or text (617) 723-4163 for a free consultation.

Criminal Defense FAQ

We Hope This Helps!

As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!

NO, you shouldn't! At least not without a lawyer after careful consideration.

Think about it. The police have a job, which is to solve crimes and bring criminal charges. The only reason for them to call you is because they are looking for evidence and there is no better evidence than your statement. Very often, they are calling you because they don't have enough evidence to charge you yet and they're looking to make their case with your statements.

They are not your friends. They are not trying to help you. There is nothing to "clear up". They will not go away if you just admit it and take responsibility.

Seriously, don't speak to the police without consulting a criminal defense lawyer first. It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!

First, unless you have committed a very serious crime, the chances of you going to jail are minimal (especially if you hire a good attorney). In any event, this is not something that typically would happen until many months down the road.

We're not going to lie to you, if the prosecution can meet the burden of proof on your case, there will be consequences, ranging from a slap on the wrist to jail time. Our job is to minimize the consequences and to eliminate them, if possible.

Of course, this depends on the charges, your criminal history and many other factors, so please feel free to reach out and we can give you a more specific answer.

No, no, no, no no! Even if you decide to eventually take responsibility, your lawyer should negotiate the best deal possible. What this means depends entirely the circumstances of your criminal charge, but very often you can take responsibility and still avoid a permanent criminal record. It may also involve:

  • Pre-Trial Probation or Pre-Trial Diversion
  • An outright Dismissal of your charges upon payment of court costs
  • A Continuation Without a Finding, including the length and terms of your probation (after which the case is dismissed)
  • A period of straight probation without a jail or state prison sentence
  • A suspended sentence, where a sentence is imposed, but not served unless probation is violated
  • A lesser sentence to jail or prison and less severe conditions upon release

This is to say nothing of the fact that your case may be winnable on a motion to dismiss or at trial!

In many cases, yes. Some cases have issues that may justify a Motion to Suppress or a Motion to Dismiss for lack of evidence.

Others can and should be taken to trial, or call for a plea as soon as possible so the client can move on with their life.

The decision on what to do really depends on the facts of the case and your individual goals.

This is why it is important to speak to an experienced Massachusetts criminal attorney who can quickly evaluate your specific case to see if there are any issues worth pursuing.

Related Content:

Strategy and Potential Issues in Massachusetts Criminal Cases

As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!

No, do NOT talk to the police without a lawyer. They are not your friends. They are not trying to help you. They will not go away if you just admit it and take responsibility.

Their job is to gather evidence of crimes and there is no better evidence than your statement.

It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!

It is very possible that you can avoid a criminal record, especially if you don't have a significant criminal history and and it is a relatively minor offense.

The answer to this question is very case-specific, depending on the facts of your case and what we decide to do with it.

A vast majority of our criminal cases cases are handled on a flat fee basis, ranging from a clerk-magistrate's hearing to superior court or federal court cases.

All we can tell you is that we are always up front and honest, and will treat you fairly. We're also willing to work with you on payments if we can, as this is not all about the money.

Of course, it is prefereable to have an attorney at the arraignment, but don't panic! First, you can call or text me at any time and I may be able to be there. If not, take a look at this link for all the information you need:

Arraignment in Massachusetts – What You Need to Know.

Where you can find us

Please Contact Us Anytime!

1583 Beacon Street • Brookline • MA 02446

Contact us anytime, 24/7.  If we're up, we're responding!

CONFIDENTIAL CONSULTATION

This is a PRIVILEGED COMMUNICATION and will be kept STRICTLY CONFIDENTIAL. It will be provided to actual attorneys.