A false police report is filed when a person makes false statements to the police.They know the statements are false.They need to be wrong about the details.If you suspect that a police report contains false information, you should look for evidence that the statements are not true.This evidence should be brought to the attention of the police.If you were harmed by a false police report, you can file a lawsuit.
Step 1: The police report should be read.
You have to read the police report.You should get a copy and read it carefully.The easiest way to get a police report is to stop into the police station.You can get a copy of the charges from the prosecutor.You can get a police report for more information.
Step 2: Look at the falsehood.
There are two types of false information in a police report.An affirmative lie is a lie in the police report.A person claims their neighbor punched them when he never touched them.Important information is left out of a false statement.It is technically true but misleading.Someone might say their neighbor hit their mailbox.The person neglects to tell the police that the road was icy and the neighbor lost control of their vehicle.
Step 3: Evidence exonerates you.
Certain statements in a police report can be false.If you can prove the statements are false, you will have a much stronger case.You need to gather evidence to do that.Depending on the truth, the evidence will vary.You might have been accused of stealing from the store.You can request a copy of the store's security video to show that you did not steal anything.A third-party witness may have observed the incident.You can give the police your contact information.You might have only said that you didn't do anything.This is not very strong evidence.You might be able to point out errors in the police report.The credibility of the person who filed the report can be questioned.
Step 4: You can contact the police.
Contact the police after gathering your evidence.You want them to know that the police report contains false information.You can find the address on the police report.If you have been arrested because of a false police report, you need to speak with your attorney.It's in your best interests to keep this information to yourself.Your criminal defense attorney is the only one who can give you advice.
Step 5: Show the police why the report isn't true.
You should schedule an appointment with the detective who is working on the case.You should show the police your evidence if you find a time that works for you.Answer police questions honestly.It is against the law to lie to the police, so make sure you don't.
Step 6: A supplemental statement should be written.
You can add a statement to the original police report.Ask the person you are talking to.You give your side of the story in the supplemental statement.You should get a copy of the supplemental statement for your records.
Step 7: To press charges, ask.
If you want to press charges against the person who lied, you should tell the police.It is up to the prosecutor to decide whether or not to prosecute.They can't be forced to prosecute the liar.If the lies hurt you financially, emotionally, or physically, you can bring a civil suit.You can file a civil suit for money compensation.No matter what the prosecutor decides, you can bring a civil suit.
Step 8: Testify in any trial.
You could be called to testify at the trial if the liar is brought to justice.You should talk to the prosecutor about what you will say.On the day of the trial, remember to dress appropriately.Don't be too casual or dressy.You can wear casual clothing.Speak with a clear voice.You want everyone to hear you.Let the truth be known.Don't exaggerate or guess.Think before answering a question if you don't know the answer.If necessary, ask for clarification.
Step 9: You should document your injury.
If someone lied on a police report, the prosecutor could charge them with a felony.If the lies hurt you, you can bring a civil lawsuit.You need to document any injury.You might have lost a job if you were arrested because of a false police report.Save any communication from your employer that says they are cutting ties with you.It is possible that you have suffered extreme emotional distress.You should document it with medical records, therapist records and a journal in which you write how you are feeling.
Step 10: Do you have a cause of action?
You can file a lawsuit under a variety of theories.Defamation and intentional infliction of emotional distress are two of the more common causes of action.You may be able to file a lawsuit against the prosecutor for malicious prosecution.A false statement can hurt a person's reputation.The person making the false statement can't have had a privilege to make it because it must have been published.Extreme conduct that causes severe emotional distress is outrageous.It is possible to file a false police report.Malicious prosecution happens when the prosecutor files a case against you.If the prosecutor knows the allegations against you are false, they could be sued for malicious prosecution.
Step 11: Meet a lawyer.
If you want to bring a civil lawsuit, you should meet with a qualified lawyer.Only a lawyer can give you advice.Your lawyer can help you decide if it's worthwhile to file a lawsuit.You can get a referral from your local bar association.Ask the lawyer to schedule a consultation.Ask how much the consultation will cost.You can describe your situation during the consultation.It's a good idea to find out how much it would cost to hire a lawyer.
Step 12: You can draft a complaint.
You file a complaint in court.The document gives the judge the factual context of the dispute and makes a demand for compensation.The complaint can be drafted by your lawyer and filed with the court.If you didn't hire a lawyer, you should check to see if the court has printed the complaint forms you can use.It's easy to file a lawsuit.
Step 13: You can file a complaint.
You need to file the complaint with the court.In the county where he or she lives, you should file a lawsuit.Take copies of the complaint along with the original to the court clerk.To file, ask.The filing date is what the clerk can stamp your copies on.It is likely that you will have to pay a filing fee.The amount will be determined by court.You can pay the fee by calling the court clerk.You can ask for a fee waiver if you can't afford the filing fee.
Step 14: Notices should be served on the defendants.
You have to give the other party notice of your lawsuit.You can get a copy of the complaint from the court clerk if you arrange for someone to deliver it.The sheriff can be served notice.You can pay the sheriff or constable a small fee if you want to make hand delivery on the defendants.A process on a server.You can find them in the phone book or online.They'll make hand delivery for a fee.Someone older than 18 is not part of the lawsuit.You can have another adult make the delivery.By mail.The server can mail a copy of the complaint and summons to the defendants.Personal service by hand delivery is more ideal than mail.
Step 15: Continue with the case.
The defendants will have to respond after receiving your complaint.He or she will usually file an answer or motion to dismiss.If you have a lawyer, the response will be sent to them.Lawsuits can take a long time.If you want to continue with the lawsuit, you should talk with a lawyer.For more information, see Sue for Defamation or prove an emotional distress claim.