If someone files a false police report, and there is evidence to prove your innocence can you press charges against the person

Asked about 4 years ago - Cleveland, OH

This girl i'm about to have a child with pressed charges against me for harrasment, stalking, and menacing. I brought in evidence to prove my innocence. So now the police department want to act like nothing happened. What do i do? Can i press charges against her for filing a false police report?

Attorney answers (1)

  1. Christopher Joseph Tamms

    Contributor Level 16

    Answered . This is a tough situation because she should be prosecuted along with anyone else who files a false report. The problem is that you would have to prove that she knew the information was false when she told it to the police. She might have considered your behavior harassment or menacing and when you went to court, the judge likely decided that it didn't meet that threshold. That doesn't mean that she filed a false report. It's up to the police to investigate and they did and charged you. It's than up to the courts to determine whether the evidence shows a crime was committed.

    There's also a concern about chilling the filing of police reports. After all you don't want to file a report and have the person beat the charge only to file charges against or sue you.

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