Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2907 and §13-2907.01 "False Reporting" occurs when a person initiates a false report regarding a bombing, fire, offense or other emergency knowing that such a report is false and with the "intent" that it will induce the police or emergency crews to take action, or to place a person in fear of eminent serious physical injury, or that it will prevent or interrupt occupation of any building or public place. In addition, False Reporting can occur when a person makes a false statement to a law enforcement agency knowing that they are misrepresenting a fact for the purpose of interfering with the orderly operation of a law enforcement officer. Normally, this occurs when a person gives a fake name to a police officer, or lies about whether they were possessing a certain item (such as alcohol or drugs).
A violation of either statute is a class one (1) misdemeanor. Possible Punishment on a class one (1) misdemeanor can be probation with zero (0) days in jail up to six (6) months in jail. In addition, a fine of up to $2500.00 and 80% surcharge is possible.
In most cases, the Officer adds this charge if they become upset with an individual who they are questioning. For example, in a DUI context, if a person states that they "only had one (1) beer", yet their alcohol reading is above the legal limit, the Officer may also cite them for "False Reporting". Other times the Officer will simply not believe one person's "side of the story" and they will charge that person with False Reporting. It is important to have an attorney interview all parties involved (including the police officer) in order to pin down exactly what occurred. A False Reporting charge carries a lifelong ramification due to the fact that it is a crime involving "truth and veracity". In other words, it can be used against you should you be involved in a future lawsuit or a child custody battle. This is not a conviction that one wants on their record.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy o
r misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon Law Group - www.cantorsimonlawgroup.com/
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A dozen years ago, 3,000 drunken-driving prosecutions in Tucson…
