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Cani get in trouble for lying on a police report about statutory rape?will it make the case harder?cani get in trouble?

Fresno, CA |
Filed under: Criminal defense

when i was 17 my bf was 19 i was 2 months away from being 18 (which now i am) he was arrested and when the police interviewed me they didnt tell me i can have my parent there with me they just went into questioning can they get in trouble for not telling me i can have a parent present? also during the questioning i lied when they asked if he was the first guy i ever been with. i said yes but was lying and they asked if any oral sex had gona on i said no twice but they kept askig so i lied and said yes when we really never have done anything like that. can i get in trouble for lying? is thier anything i can do befire the case goes to court?

Attorney Answers 3

Posted

No, the police don't have to tell you that you can have a parent present. Yes, you can get in trouble for lying to the police, but it is very unlikely that they will prosecute you. This does give you grounds for a 5th Amendment claim if you do not want to testify against your boyfriend. You would be advised not to testify, because if you do, you will either have to lie on the stand, which is perjury, or you will have to admit that you lied to the police, which would subject you to prosecution. If that is the case, when you get subpoenaed, you can contact an attorney or the public defender if you can't afford a private attorney, and discuss your rights as a subpoenaed witness. Good luck to you.

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13 comments

Asker

Posted

Thank you . In other words it is best not to admit to it? But what happens to the case since I lied and one of his charges is having oral with a minor . Which is what I lied about

David Jon Pullman

David Jon Pullman

Posted

They need your testimony to prove the case, most likely. Since you lied, you would be advised to take the 5th. Without you, it is doubtful they can proceed and will probably have to dismiss.

Asker

Posted

Okay thank you so much . Is it fine if I have anymore questions along the way

David Jon Pullman

David Jon Pullman

Posted

Yes.

Asker

Posted

Hi David do you think it is a good idea to go to court with my boyfriend for the arraignment or not to be seen with him at any of the courts we live in Fresno but all the courts are in murrieta ca

David Jon Pullman

David Jon Pullman

Posted

It doesn't matter either way.

Asker

Posted

Okay because I was told its best not to be seen with him in court as it will make the case worse and they will then make me testify

David Jon Pullman

David Jon Pullman

Posted

Told by whom? I disagree.

Asker

Posted

By a former lady that once worked at a DA office and was told if I get subpoenaed I will not have to go to court at all because if i do go he'll still get in convicted even without a testomny but I disagree with that if I do get subpoenaed I will have to go but do not testify correct

Asker

Posted

By a former lady that once worked at a DA office and was told if I get subpoenaed I will not have to go to court at all because if i do go he'll still get in convicted even without a testomny but I disagree with that if I do get subpoenaed I will have to go but do not testify correct

Asker

Posted

By a former lady that once worked at a DA office and was told if I get subpoenaed I will not have to go to court at all because if i do go he'll still get in convicted even without a testomny but I disagree with that if I do get subpoenaed I will have to go but do not testify correct

Asker

Posted

By a former lady that once worked at a DA office and was told if I get subpoenaed I will not have to go to court at all because if i do go he'll still get in convicted even without a testomny but I disagree with that if I do get subpoenaed I will have to go but do not testify correct

David Jon Pullman

David Jon Pullman

Posted

Don't listen to that lady. Do contact a private attorney or the Public Defender if you are subpoenaed to discuss your 5th Amendment rights. This is the last time I'm going to answer any questions about this.

Posted

Yes, you can get in trouble for lying to law enforcement. I hope that, in accord with up-dated practice, your interview was video/audio taped. If not, you might have a tough time convincing the DA, or more importantly the jury that you were lying. Talk to the DA about dismissing based on your misinformation. Also, contact the defense attorney and the defense investigator and let them know as well. You should be aware that, by doing these things, you do open yourself up to being charged.

Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is entirely accurate, since I have not reviewed all of the factual circumstances of the case, nor have I discussed those circumstances fully with the questioner. The fact that I have answered this question does not establish an attorney client relationship between the questioner and my self or my office.

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2 comments

Asker

Posted

Thank you so is it better just to not say anything? If I do admit I lied what kind of prosecution will I be lookin at

James H. Dippery Jr

James H. Dippery Jr

Posted

I recall the question, but not the specifics of my answer. As often happens people need to balance out the morality of their actions as well as the legality. And, in doing so, they sometimes need to take into account the best interests of another person than themselves. If a person lies and someone else suffers for it is it okay not to acknowledge the lie if that would mean not getting into trouble yourself? As I said, those are moral/ethical issues, not criminal defense questions. The point is: How much are you willing to suffer for your wrong to keep another person from suffering unjustly? Or, another way, how much guilt are you willing to bear if the other person does suffer and you do not do what you can to avoid that suffering? Hope this provides a further answer to your question. >

Posted

The police can question you without your parents present. They should but do not have to have your parents present.

You could get in trouble for lying to the police but it is very unlikely. Since you are a minor and were being questioned without your parents, the fact that you exaggerated is not unusual. No prosecutor is going to file charges against you. It is very unlikely you will get in trouble.

Your boyfriend's attorney should have an investigator interview you. That interview report should be provided to the DA in an attempt to get some or all of the charges dismissed.

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1 comment

Asker

Posted

Thank you very much

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