What to do if a police officer lies in a report?

Asked about 1 year ago - Panorama City, CA

If someone has been arrested, and charged with a misdemeanor, and when that someone read the police report, he finds a conversation that is made up by the officer to make that person look guilty. What does that person should do?
I read that the judge has to believe the officer, but what about the jury? Sadly, lie detectors are not allowed in court. What to do in those case if there is not a single witness that can testify in your favor?

Additional information

There is not recording of the conversation. but I am afraid that her colleague will testify in her favor because police officers protect each other (a shield).

Attorney answers (5)

  1. Andrew Joseph Bouvier-Brown

    Contributor Level 13

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    Best Answer
    chosen by asker

    Answered . There is not an easy or straightforward answer to this question. The thing to understand is that there are about a dozen different things that might be done, depending on the circumstances. I'm very familiar with defending people against falsified accusations by the police, as are others on Avvo, and the bottom line is it takes a ton of work and a lot of different strategies can be employed. Generally speaking the person is going to need a qualified attorney (and probably a private investigator) working to establish that the officer has substantial credibility problems, that there are objective reasons to believe or disbelieve one version of the story or another, and to undermine the reliability of any statement the person supposedly made.
    All of that is to say: it's not easy, and there is generally a lot of work that needs doing. Do not try to take that strategy on alone. That person NEEDS a lawyer.

    Any answer provided on Avvo, including this one, is a general answer about a legal question, not specific legal... more
  2. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

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    Answered . Is there a recording? I would definitely look into that!

    Elliot Zarabi
    www.FreeCriminalConsultation.com
    213-612-7720

    Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I... more
  3. Isileli Tupou Manaia Mataele

    Contributor Level 19

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    Answered . Hire an attorney. You can try to plea it or take your chances at trial by attacking the witness's story.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  4. Rixon Charles Rafter III

    Contributor Level 20

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    Answered . Someone should hire a criminal defense attorney IMMEDIATELY.

    You are misinformed: Judges do not "have to believe an officer".

    Fortunately, lie detectors are not allowed in court--they are unreliable--they could show the officer being truthful and you evasive--your future is not worth betting on an unreliable instrument.

    You can cross examine the arresting officer--but unless you've experience cross-examining witnesses and you understand criminal procedure, the odds of you exposing the lie is next to zero.

    Do yourself a favor--hire a criminal defense attorney IMMEDIATELY.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
  5. Neil James Fraser

    Contributor Level 15

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    Answered . I don't know what you're reading but it must be fiction. Judges don't have to believe cops at all - a police officer's testimony is subject to the same scrutiny for truthfulness as any other witness. And juries are instructed to that effect. In fact, a jury would be instructed that a police officer should not be accorded any more credibility than anyone else and they must take into account a cop may have testified many, many times, while other witnesses have no experience in a courtroom at all.

    What is this recording all about?

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