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falsification of "general statement form" to local police department

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brody1

Junior Member
What is the name of your state? Ohio

What can be done to a person who goes to the local police and completes their "general statement form" in which they make false accusations against another person which leads to that person being charged with "Disorderly Conduct". T
Fortunately, because of prior false accusation the charged party has a video showing that what the person stated in the "general police statement they filed with the police is NOT true and is not what really happened.
Now the charged party has to retain a criminal attorney and costs. What can the charged party do in this case.
Can the judge "throw out" the case once he sees the video the defendant has?
Can the parties (husband and wife) filing out the "false" report be charged with any crimes?
Any info in the Ohio Revised Code pertaining to this?
The city is also at fault for proceeding with the action. The charged party tried to talk with the law department, the prosecutors office when they received the document in the mail from the courts to no avail.
This should never have happened and it is very possible the party that is lying has some connections with the city based on other info the charged party has gathered.

Help...What is the name of your state?
 


CdwJava

Senior Member
What can be done to a person who goes to the local police and completes their "general statement form" in which they make false accusations against another person which leads to that person being charged with "Disorderly Conduct".
You can request a report be made by the police for his making a false report to the police. However, the state will have to prove that the person knowingly and intentionally made false statements. Being wrong is NOT the same as making a false report.

Now the charged party has to retain a criminal attorney and costs. What can the charged party do in this case.
As previously mentioned, ask the police to take action. And, you can hire an attorney to sue the neighbor to recoup your losses if you can prove that the neighbor's actions were intentional.

Can the judge "throw out" the case once he sees the video the defendant has?
The defense can present the video to the DA and see if it is sufficient to convince the DA to drop the matter. Or, you can present it at trial and hope the court finds in your favor. But, a judge is not likely to "throw out" a case because of evidence presented. Judges rarely "throw out" cases.

Can the parties (husband and wife) filing out the "false" report be charged with any crimes?
If knowledge and intent can be established, I am sure they can be. Proving this knowledge and intent might be difficult, though. As to the specific section, you'll have to look that up or ask the police or your attorney.

The city is also at fault for proceeding with the action. The charged party tried to talk with the law department, the prosecutors office when they received the document in the mail from the courts to no avail.
The city is NOT responsible for proceeding with investigations and prosecutions. They do not HAVE to talk to you or accept your "evidence" ... they can if they wish, and it might even benefit their case to do so, but to allege they are responsible for looking into a complaint and moving forward on it is an argument that is not going to get very far.

And if the DA is refusing to listen to you, there might be a reason for this.

It could also be that since you have been charged, no one wants to talk with you unless your attorney is present. That is for your protection.


- Carl
 

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