Filing a false report...

[switlikbob]

In NJ,

1. Is it a crime to file a false police report or complaint? If so will the person be arrested? if so
A. What type of crime is it (i.e. misdemeanor, felony, etc)?
B. For a 1st time offender usually what is the punishment (i.e. fine, community service, etc.)?

2. Once it is deemed that the report/complaint was false can the victim sue (in civil court) the person who made the complaint? Would having the case thrown out based on no evidence constitute the complaint being false and malicious? If yes, what would be the basis (i.e. libel, slander, etc)? Can I at least attempt to recover the fees that I was forced to pay to my attorney over this falsely filed BS? What if I could prove that the complaint was filed against me as a retaliatory measure, based on me testifying as a witness in a family law case against the current complainant?

Thanks.

Bob

[Eagle]

Here is the law:

2C:28-4. False reports to law enforcement authorities

a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.

b. Fictitious reports. A person commits a disorderly persons offense if he:

(1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or

(2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.

L.1978, c. 95, s. 2C:28-4, eff. Sept. 1, 1979.

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Punishment will likely be just a fine, however, if the offender has a long criminal history the judge can impose jail time.

The victim can sue for defamation & intentional infliction of emotional distress - at the very least!

[switlikbob]

Eagle, thanks for the information. Now, how do I go about having this person charged with this infraction? Should I just file a complaint with my local municipality? Concerning the defamation and intentional infliction of emotional distress, I am guessing that I should just go see a large law firm in the area (Stark & Stark) and see what they have to say...do you think they would work on this case, taking payment only if I am awarded a judgment?

[Eagle]

You should first file a complaint in municipal court based on Statute 2C:28-4 (filing a false report). The standard of proof in municipal court is "beyond a reasonable doubt" so you have to have some real good evidence to win, not just a hunch or speculation. If you have good evidence then file the complaint and bring your witnesses & other evidence to court. The prosecutor should help you because this is a criminal offense.

If you win in municipal court then you file a civil suit in Superior Court for defamation & emotional distress. You should get a lawyer to do this. You can introduce the municipal court conviction in Superior Court and this will help you win the case. If the person you are suing has significant and identifiable assets then you should be able to find a lawyer to take the case. You dont need a big law firm. Any lawyer with civil litigation experience can take the case on a contingency. (they should take case on contingency if you can she she has assets)

The standard of proof in Superior Court in a civil matter is "preponderance of the evidence". This makes it much easier to win than in a criminal case. If you won in municipal court than you certainly should win in Superior Court. But you want to make sure the person you are suing has assets so you are not wasting your time.

[switlikbob]

Again Eagle, thanks for the reply. I am referring to this thread:

http://www.jerseylegalforums.com/showthread.php?t=29

(Cliff notes:) I testified against her, and got her husband off. They are now divorced. She allowed her son to come fishing with her ex-husband and I. 2 weeks after the trip, she filed a complaint stating that I choked her son. I got a lawyer and he requested discovery. She submitted the most asinine story that I have ever heard, noting that I have guns and let her son hold them and that I have a bad temper and drink too much.

None of these things are true. There is no proof of any of this, and I have 2 witnesses that were with me at ALL times during the time the boy was in my presence, who collaborate my story. How do I go about proving that she filed this report falsely and maliciously?

[Eagle]

If you can get those 2 witnesses to testify for you then I think you can easily win in municipal court. Your case sounds good. Do you think those witnesses would testify in court for you? You can always subpeona them but it is better to have them come in to court on thier on volition.

[switlikbob]

Well, one of the witnesses is my wife, and the other is the boy's father / my neighbor. They will both be at court with me to testify. Is there any other evidence that I can use? How does the fact that this involves a parent filing a comaplaint on behalf of a minor play inot the situation?

[switlikbob]

I went to court with a lawyer. The prosecutor told him that this was a neighborhood dispute case and would be referred to mediation. I told me lawyer that there was no need for mediation, and that I refused to speak with this woman. He then offered the prosecutor a deal:

Both parties involved would sign an agreement stating the we would not have contact with each other for 90 days. After 90 days, if there was no contact, the case would be dismissed. I signed, she signed and that was the end of it all.

Now, I want to know how I can recover the $750 that I had to spend on a lawyer for this senseless BS?