false report to police

[Confused9]

What is the name of your state (only U.S. law)? Texas

Ok, a few days ago my mother was involved in a domestic situation with her now ex. I was t her home at the time, but did not actually see it happen. I heard arguing (nothing unusual), but could not make out what they were saying. Soon after she tells me her boyfriend hit her (she had blood on her) and broke her glasses. She called 911 and her ex-boyfriend immediately left the house.

Anyway, cops come out and take down the information. I told them I heard arguing and I told them what she had told me. I did not tell them I had seen it happen (which I didn't), only that she had told me it happened. At the time the police believed her, but now are dropping the case due to he said-she said (he had blood on him too).

Anyway, I know its hard to predict, but what would you say the chances of her being arrested for filling false report are (I don't think she did, but the police are saying it's possible.) And what are the chances of me being arrested for telling the cops I head yelling and relaying what she had told me?

Thanks.

oh, the offense of filling a false report is a class b misdemeanor in Texas.

 

[CdwJava]

Unless the police can prove that she lied about being hit, there is no case. Since they do not appear to be able to show who hit who, or if anyone was hit at all, then she should have nothing to worry about with regards to being charged for false reporting.

Same for you. Unless they can show that you lied, nothing to worry about.

The number of cases ever filed for false reporting is quite low.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

Ok, a few days ago my mother was involved in a domestic situation with her now ex. I was t her home at the time, but did not actually see it happen. I heard arguing (nothing unusual), but could not make out what they were saying. Soon after she tells me her boyfriend hit her (she had blood on her) and broke her glasses. She called 911 and her ex-boyfriend immediately left the house.

Anyway, cops come out and take down the information. I told them I heard arguing and I told them what she had told me. I did not tell them I had seen it happen (which I didn't), only that she had told me it happened. At the time the police believed her, but now are dropping the case due to he said-she said (he had blood on him too).

Anyway, I know its hard to predict, but what would you say the chances of her being arrested for filling false report are (I don't think she did, but the police are saying it's possible.) And what are the chances of me being arrested for telling the cops I head yelling and relaying what she had told me?

Thanks.

oh, the offense of filling a false report is a class b misdemeanor in Texas.

You truthfully reported what you heard. I don't see how you could be arrested for anything.
As for your mom, I doubt she's got anything to worry about. If she is contacted by the police, she should refuse to speak to them about the matter without the advice of an attorney.

 

[davew128]

I'm thinking there is LOT more to the story for someone to be worried about their parent being charged for such a thing if they truly believed the story.

 

[Confused9]

Sorry it has taken me to long to reply. I forgot my password.

Anyway, we are approaching the 2 months mark. Nothing has happened.

She has asked the police the status of the case, but they have once again said they refuse to prosecute it. Apparently they do not find her story creditable. I guess they feel she lied. So can they still file charges on her? If so, what evidence do they need to file them? I was told by an ex-cop charges can be filled. However, i'm not a lawyer, but this case sounds almost like trying to prove a negative (trying to prove the alleged assault did not happen).

Can I also be charged? All I did was tell the police I heard screaming (which I did). Also told them I couldnt make out what was being said (which I couldnt) and told the police that she had told me that he hit her.

 

[Just Blue]

Sorry it has taken me to long to reply. I forgot my password.

Anyway, we are approaching the 2 months mark. Nothing has happened.

She has asked the police the status of the case, but they have once again said they refuse to prosecute it. Apparently they do not find her story creditable. I guess they feel she lied. So can they still file charges on her? If so, what evidence do they need to file them? I was told by an ex-cop charges can be filled. However, i'm not a lawyer, but this case sounds almost like trying to prove a negative (trying to prove the alleged assault did not happen).

Can I also be charged? All I did was tell the police I heard screaming (which I did). Also told them I couldnt make out what was being said (which I couldnt) and told the police that she had told me that he hit her.

If you are REALLY worried about this perhaps you should consult with a local Criminal Attorney. Many will do a free consult.

 

[aardvarc]

She has asked the police the status of the case, but they have once again said they refuse to prosecute it. Apparently they do not find her story creditable.

Not necessarily. It DOES mean that even if they believed every word, they don't have enough EVIDENCE to get a CONVICTION. Mom will say it happened, ex will stay it didn't, and the jury must be convinced BEYOND a reasonable doubt. No witness, they both had blood on them, even police who arrived on the scene that night and you yourself in the home when the incident occurred can't say for sure what actually happened. You might know in your heart of hearts what happened, even the police may totally agree and in their own heart of hearts agree...but the burden is on the prosecutor to PROVE the case. No proof = no case. "Knowing" it happened isn't enough.

I guess they feel she lied. So can they still file charges on her? If so, what evidence do they need to file them? I was told by an ex-cop charges can be filled.

Relax. If she was going to be charged with filing a false report, it would have been done long ago. This is simply one of those cases where her report cannot be proven or substantiated. That isn't the same thing as bold face lying about what happened. They didn't have enough evidence to bring a DV case against him, and they don't have enough evidence to even begin to THINK about a false report against her. TELLING people that they can be prosecuted for a false report is simply police talk for "make sure you're telling us the truth, ok?"

Can I also be charged? All I did was tell the police I heard screaming (which I did). Also told them I couldnt make out what was being said (which I couldnt) and told the police that she had told me that he hit her.

Relax. This case isn't going anywhere.

 

[Confused9]

Thanks for the input, aardvark. It just kinda got us a little worried that, if they dont find the case creditable, they might file charges on us. She was afraid they may have issued a warrant and she wouldnt know about it. But you say this likely isnt the case? I'm not a lawyer (obviously), so I dont know what all they need to file a false report. Thanks.