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Dismissed charges after false statement to officer - subsequent charges?

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jmp3

Junior Member
What is the name of your state (only U.S. law)? Ohio

If someone makes a false statement to a police officer, which seven months and 7 misdemeanor charges later, the prosecutor is willing to drop 6 of them for lack of evidence, can the subsequent charges that were a direct result of this false statement still be charged?

Example: Girl invites boy to theater and then goes to a cop and says "he's stalking me". Cop decides to question boy....boy cooperates. Cop ends up tasing the boy and during the search, boy admits he has a knife in his pocket. The boy was also drunk - he was 19, not driving.

Fast forward seven months of GPS monitor, alcohol monitor, and weekly reporting to probation officer in another county - now prosecutor willing to drop six charges because there's not enough evidence, which are obstruction of official business, disorderly while intoxicated, menacing by stalking x 2, and telephone harrassment x 2, if he pleads guilty to carrying a concealed weapon. The boy was exhibiting no behavior that would have given the officer a reason to question him, nor would anyone have seen the knife or known it was there had it not been for the girl's false statement, which now they admit they have no proof of. And in fact the evidence the boy has to refute the "stalking" charge far outweighs anything they could claim.

Since the initial false police report is being dismissed, wouldn't that mean that everything subsequent to that should also be dismissed?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Ohio

If someone makes a false statement to a police officer, which seven months and 7 misdemeanor charges later, the prosecutor is willing to drop 6 of them for lack of evidence, can the subsequent charges that were a direct result of this false statement still be charged?

Example: Girl invites boy to theater and then goes to a cop and says "he's stalking me". Cop decides to question boy....boy cooperates. Cop ends up tasing the boy and during the search, boy admits he has a knife in his pocket. The boy was also drunk - he was 19, not driving.

Fast forward seven months of GPS monitor, alcohol monitor, and weekly reporting to probation officer in another county - now prosecutor willing to drop six charges because there's not enough evidence, which are obstruction of official business, disorderly while intoxicated, menacing by stalking x 2, and telephone harrassment x 2, if he pleads guilty to carrying a concealed weapon. The boy was exhibiting no behavior that would have given the officer a reason to question him, nor would anyone have seen the knife or known it was there had it not been for the girl's false statement, which now they admit they have no proof of. And in fact the evidence the boy has to refute the "stalking" charge far outweighs anything they could claim.

Since the initial false police report is being dismissed, wouldn't that mean that everything subsequent to that should also be dismissed?

Nope. :cool:
 

BL

Senior Member
If he has a good enough lawyer , all charges might be dropped , depending if this were a pocket knife , or a switchblade of some sort.

They are not saying he was in possession of a dangerous weapon , but a concealed knife.

Why is he on probation if prosecution is still pending ?
 

xylene

Senior Member
Plead not guilty or look for deal on the case where the plea in not to a weapons charge,

A concealed weapons charge that will follow you, it is a big deal and is nearly always worth fighting.

It is not illegal to carry a knife in Ohio.
 

BL

Senior Member
Plead not guilty or look for deal on the case where the plea in not to a weapons charge,

A concealed weapons charge that will follow you, it is a big deal and is nearly always worth fighting.

It is not illegal to carry a knife in Ohio.
IMHO , if the affidavit of report incident was falsely made ,signed and dated ,ALL charges should be dropped ,and the signer of the affidavit should be charged with filing a false instrument .

A lawyer should be able to handle it.
 

jmp3

Junior Member
If he has a good enough lawyer , all charges might be dropped , depending if this were a pocket knife , or a switchblade of some sort.

They are not saying he was in possession of a dangerous weapon , but a concealed knife.

Why is he on probation if prosecution is still pending ?
The knife was actually a collector's knife, one of those long ones with the funky looking handle. I think it was like 8 to 10 inches long, it was in its sheath, and in a lower buttoned cargo pocket.

And he's not on probation. It's ROR w/terms, so it's his bond - having to wear the GPS and alcohol monitors and reporting to a probation officer every week. I would have rather paid a bond than having to drive him 35 miles away every week. Since he didn't drive, I had to take time off work to drive him there.
 

Zigner

Senior Member, Non-Attorney
IMHO , if the affidavit of report incident was falsely made ,signed and dated ,ALL charges should be dropped ,and the signer of the affidavit should be charged with filing a false instrument .

A lawyer should be able to handle it.
Your opinion is not in line with the law...
 

jmp3

Junior Member
IMHO , if the affidavit of report incident was falsely made ,signed and dated ,ALL charges should be dropped ,and the signer of the affidavit should be charged with filing a false instrument .

A lawyer should be able to handle it.
The only "report" was the girl going up to the officer and making the statement. It was just a statement - nothing else. And when his court appointed attorney got the evidence from the accusers, all it was was their statements as witnesses to what happened the night at the theater. Nothing at all to even attempt to prove that they were victims of stalking. For my son to have to go through all of this because of one unsubstantiated statement to a cop is ridiculous. If this is the way it is, I could pick out any person on the street that I don't like, and just tell an officer that he's following me and stalking me and just wreak havoc on a total stranger just fr the fun of it.
 

Zigner

Senior Member, Non-Attorney
The only "report" was the girl going up to the officer and making the statement. It was just a statement - nothing else. And when his court appointed attorney got the evidence from the accusers, all it was was their statements as witnesses to what happened the night at the theater. Nothing at all to even attempt to prove that they were victims of stalking. For my son to have to go through all of this because of one unsubstantiated statement to a cop is ridiculous. If this is the way it is, I could pick out any person on the street that I don't like, and just tell an officer that he's following me and stalking me and just wreak havoc on a total stranger just fr the fun of it.
Oh brother!

He had to go through thing because he's a 19 year old who was drunk and had a knife on him. :rolleyes::rolleyes:
 

jmp3

Junior Member
Oh brother!

He had to go through thing because he's a 19 year old who was drunk and had a knife on him. :rolleyes::rolleyes:

See that's my whole point - no one would have known he was drunk or that he had a knife, except for her false statement. He wasn't exhibiting behavior that would have caused anyone to even notice he was there.
 

BL

Senior Member
From what I have been reading , carrying such a knife you describe only makes it concealment if intended to use it as a weapon.

Then you'd also have possession of a dangerous weapon.

Since there is now no proof of stalking , statements being false, etc , do not plea out .

Fight it . Hire an attorney if necessary .

§ 2923.12. Carrying concealed weapons.

(A) No person shall knowingly carry or have, concealed on his or her person or concealed ready at hand, any deadly weapon or dangerous ordnance.


Ohio
Specifically illegal: switchblade, springblade knife, gravity (butterfly) knife, or similar weapon;
Relevant laws: Search Statutes for "knife"

From the PDs Office.

State v. Anderson (1981), 2 Ohio App. 3d 71 -- Even though an object such as a knife may be readily identifiable as a deadly weapon, the state must further prove that it was either (1) designed or specially adapted for use as a weapon, or (2) possessed, carried or used as a weapon.
 
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Zigner

Senior Member, Non-Attorney
See that's my whole point - no one would have known he was drunk or that he had a knife, except for her false statement. He wasn't exhibiting behavior that would have caused anyone to even notice he was there.
But, once they went over to talk to him, it was obvious he was drunk. He became belligerent and they found the knife. Had he NOT been drunk or carrying a knife, none of this would have happened.


Take off the rose-colored glasses.
 

jmp3

Junior Member
But, once they went over to talk to him, it was obvious he was drunk. He became belligerent and they found the knife. Had he NOT been drunk or carrying a knife, none of this would have happened.


Take off the rose-colored glasses.
I'm his mom - all my glasses are rose-colored. You're making assumptions. he did not become beligerent, he cooperated, AND he didn't have to. He did not have to talk to the officers. He could have refused and walked away. It's perfectly legal. And in fact, he tried to do that and that's when the officer tased him. At no time during this whole incident did my son have any idea what was going on and why he was even being questioned. The cop never even said anything to him about any of it. Just called him over, asked what he was doing there, asked to see his ticket which my son showed him. After staring at the ticket for a very long time, my son took the ticket back and said "I'm leaving". And for that he got tased. I'm not an idiot - I know my son is no 19-year-old angel. I'm sure he displayed some attitude. But the whole thing rests on the girl's false complaint and following that, the officer's use of excessive force. I think my son has a couple very valid lawsuits when this is all over.
 

jmp3

Junior Member
From what I have been reading , carrying such a knife you describe only makes it concealment if intended to use it as a weapon.

Then you'd also have possession of a dangerous weapon.

Since there is now no proof of stalking , statements being false, etc , do not plea out .

Fight it . Hire an attorney if necessary .

§ 2923.12. Carrying concealed weapons.

(A) No person shall knowingly carry or have, concealed on his or her person or concealed ready at hand, any deadly weapon or dangerous ordnance.


Ohio
Specifically illegal: switchblade, springblade knife, gravity (butterfly) knife, or similar weapon;
Relevant laws: Search Statutes for "knife"

From the PDs Office.

State v. Anderson (1981), 2 Ohio App. 3d 71 -- Even though an object such as a knife may be readily identifiable as a deadly weapon, the state must further prove that it was either (1) designed or specially adapted for use as a weapon, or (2) possessed, carried or used as a weapon.

Precisely. I already have a copy of the ORC and also a copy of the above quoted case. I gave all this information to his attorney. Also, my son told two of the cops that night that he had been threatened (by a friend of this same girl) and that's why he had the knife. It is in both of the officer's reports. There is also another part of the ORC (2923.12 (D) (2)) which states:

"(D) It is an affirmative defense to a charge under division (A)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon and that any of the following applies:

(2) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor’s family, or the actor’s home, such as would justify a prudent person in going armed."

He's spoken to his attorney about this as well, and the attorney says it's not an affirmative defense unless he had previously reported the threat to the police. Where is that stipulation in the above code? He has the voicemail threat, which he received 3 days before this incident.
 

Zigner

Senior Member, Non-Attorney
I'm his mom - all my glasses are rose-colored. You're making assumptions. he did not become beligerent, he cooperated, AND he didn't have to. He did not have to talk to the officers. He could have refused and walked away. It's perfectly legal. And in fact, he tried to do that and that's when the officer tased him.
Right, he was being detained and he tried to walk away. Not a good idea.

At no time during this whole incident did my son have any idea what was going on and why he was even being questioned. The cop never even said anything to him about any of it. Just called him over, asked what he was doing there, asked to see his ticket which my son showed him. After staring at the ticket for a very long time, my son took the ticket back and said "I'm leaving". And for that he got tased. I'm not an idiot - I know my son is no 19-year-old angel. I'm sure he displayed some attitude. But the whole thing rests on the girl's false complaint and following that, the officer's use of excessive force. I think my son has a couple very valid lawsuits when this is all over.
Nah, he was drunk and belligerent.
 

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