involved in friend's filing of false accident report

[Smurlet]

What is the name of your state? illinois

my so called friend was driving my car (me as passenger) when she got in a minor accident. she asked me to tell the cop i was driving cuz she had an unpaid ticket- i refused. when cop arrived i was asked for my insurance and license since it was my vehicle. i got on the phone w/ my insurance company while my friend was giving the cop her info. she kept the accident report for what she said was for her "records," so i never saw it (to this day i still haven't seen it).

the next day i was talking to her and mentioned i was going to give her info to my insurance co. so they could contact her about the claim. she told me not to do that cuz she had used her sister's name & info on the report due to the unpaid ticket, but she would handle both the police and insurance claim.

just the other day (2 months later) i got a call from the cop telling me she gave the wrong info and i confessed i knew about that and didn't tell him. he is now telling me that if she doesn't call or go in to the station i will take the fall for this, that i will be arrested and charged for the accident and all of her charges since they have my info as well and it was my car. the start of this is that i am getting charged with filing a false police report- which i understand and will pay the fine and appear in court (i deserve it for not informing him when i found out she falsely filed). but the cop said it may go further than that if the judge decides. i have left her repeated messages telling her to call the cop- she hasn't nor has she called me back- which i figured would happen.

questions:
1) can i really be held accountable for her charges? i understand the false police report on my part, but can i go to jail for all of this?

2) what can i legally do to get her into the police station? i know i cannot use force, but is there a way? i was just told she may have a warrant in los angeles, and it wouldn't be a shock if she has others. is there a way to find out? how would i go about using those?

3) what is the minimum/maximum fine and penalties for filing a false report and will it go on my record?

4) should i have legal representation when i appear in court for this? and what should i say/do? is there free legal counsel who can help me with the court appearance? i have no extra cash (especially since i now have to pay for the citation fine and insurance claim).

5) as far as insurance claim- she never paid it ($2000) but told me she had. now i find out she didn't even contact them and they paid for it but no claim was ever filed. how do i go about rectifying this with my insurance company? and i know the accident will change my rates, but will this whole mess add on to the rate increase?

this is the first time in my 30 yrs of life that i have ever been in trouble other than one speeding ticket 2 yrs ago that was taken care of and i am terrified. so if someone out there can help me, even with one question, i would be ever so grateful.

 

[Mike101]

If I am reading this right your friend filed the report. If you did not file the report and at the time it was filed did not know that she gave false information you can't be charged. If that is the case I would not plead guilty. I would fight that charge. I can't even see a resist obstruct or delay charge holding up in court.
Can you be charged with her charges. No. How do you get her to go to the PD? You need to understand that you are not the cop here. You don't have to get her to do a thing. Don't do the cops job...let him do it.
Have you been charged with anything yet?

 

[Smurlet]

not charged with anything as of yet. the cop told me to go to the station today and pick up the citation.

 

[Smurlet]

fyi- my friend was the one who was at fault in the accident. she backed into the other car. the other party filed the report- not my former friend and i.

 

[Mike101]

I would tell the cop to bring me the citation or to mail it. If you would let me know what the charge is if there is going to be one. I would be really interested. Is this a small town?

 

[Smurlet]

yeah its a small suburb 15 miles outside of chicago that i work in. the former friend lives and works in downtown chicago.

so you don't think i should go in to the station tonight? won't that piss the cop off even further? they cannot arrest me can they? i work in the town this happened in, so they could just come to my work to get me if they were going to take me to jail.

the citation is for filing a false report.

 

[Mike101]

Did you file a false report?

 

[Smurlet]

i didn't file any report. the girl who was hit called the cop and she and my former friend filled it out. all i did was give the cop my driver's license and insurance info. i don't remember ever signing the report either. but the cop is telling me that by not telling him my friend's real name when i found out it is a false report charge.

 

[Mike101]

Think about it. Filing a false report. Key element of that offense is you have to file it. Not know it was done after the fact.

 

[Smurlet]

but since i knew about the false info (even though it was after the report was being filled out), isn't that a crime?

the cop involved is telling me i am in a lot of trouble for knowing this and not telling him before.

 

[Mike101]

I believe the only crime that a person is required to report is one involving child abuse. If you knew your friend robbed a bank and didn't tell does that make you a bank robber?

 

[Smurlet]

so what do i do about going to get the citation tonight? the cop told me to go pick it up at th station. he is already really pissed off at me. i don't want him to be even further pissed, especially since i work in his town.

if i pick it up to keep the peace for right now, will i be able to fight it? or once i pick it up does that mean i am saying i am guilty? he told me his superior is involved as well and said to charge me.

 

[Mike101]

Pick it up to keep the peace. Let me know what the exact charge is. There are two kinds of cops. Smart ones and stupid ones. I think your dealing with the second type.

 

[Smurlet]

one of my co-worker's friends (a lawyer) told me not to go in, to call and have them mail the citation to me. i left a message last night with the officer saying such. i called again this morning reiterating that he should mail me the citation.

he called just a few minutes after i left the message and told me that on the advice of his supervisors he is "reworking my end of the case" and the citation was void. he also said that they would contact me sometime in the future about this, but not to come in to the station.

what does that mean?

 

[Mike101]

It means the officer was wrong and spoke before he should have. Somewhere along the way someone put him in his place. If he had been one of my officers and he was anything but a rookie I would have given him a few days off. You were made to worry because he screwed up. That is not how it is suppose to work.
You aren't going to hear from him again. He came close to making a big mistake. He got lucky and hopefully he is a little wiser for it.
Like I said earlier you had the second kind of cop. Try not to judge all cops on what he did. His type is fortunately the minority. Thats the kind people usually remember though.