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If you can prove there are false statements in a police report will they have to drop their charges on you?

Covington, LA |

I received a copy of the police report for my arrest and found several false statements I can prove are false, will they have to drop thr case on me?

Attorney Answers 1


You need to hire a competent criminal defense attorney in your area to represent you. Bring this "false statements" to his/her attention so they can be used to defend you: to impeach the officer, to challenge with other evidence, to use at a probable cause hearing, in a motion to dismiss, at trial, etc. These can be used in plea negotiations of in a "Franks" hearing:
Franks Hearing Law & Legal Definition

Franks Hearing is a hearing to determine whether a police officer's affidavit used to obtain a search warrant that yields incriminating evidence was based on false statements by the police officer. The name is derived from the case Franks v. Delaware, 438 U.S. 154 (U.S. 1978), which affirmed the right of defendants to challenge a warrant seizing their person, papers or effects and otherwise outlining the case against them. In this case the Supreme Court held that in certain defined circumstances a defendant can attack a facially sufficient affidavit. In order to obtain an evidentiary hearing on the affidavit's integrity, the following must be shown:
■First, the defendant must make a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit. This showing must be more than conclusory and must be accompanied by a detailed offer of proof.
■Second, defendant must show that the false information is essential to the probable cause determination. That is, if a court finds that when material that is the subject of the alleged falsity or reckless disregard is set to one side, there remains sufficient content in the warrant affidavit to support a finding of probable cause, no hearing is required.

Upon making this two-part preliminary showing a defendant is entitled to a hearing. At this hearing, the defendant has the burden of proving the allegations by a preponderance of the evidence. If an affiant's material perjury or recklessness is established by a preponderance of the evidence, the warrant must be voided and evidence or testimony gathered pursuant to it must be excluded.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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MR. Mascagni, does the information apply to an arrest affidavit? Can you use the "Franks" hearing without discovery. If the defendant read the arrest affidavit can know its not true and can prove it.

Frank Mascagni III

Frank Mascagni III


You need to talk to your attorney and address these questions to him or her.

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