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If you do not sign a police report, or statement that u made, is it considered an official statement that can be used in court?

Boston, MA |

Police were called to a domestic violence scene, the accused left the scene and I talked to police, all he did was take notes, I never signed anything. The next day at court the report they wrote up did not reflect everything I said. I feel things were left out and worse accusations were added. Can this police report be used in court/trial against the defendant?

Is this something I have to go through the process of recanting, or face accusations of a false police report?

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Attorney answers 3

Posted

Your statements contained in a police report can not be used in a criminal trial. This is what we refer to as hearsay. You should contact the defendant's attorney and inform them of the incorrect statements.

David Newton, Esq.
www.thenewtonlawfirm.com
978-995-2014

This is not intended as legal advice and does not create an attorney-client relationship.

Asker

Posted

if I did not sign the statements that appear in the report am I still subject to being accused of filing a false police report

Asker

Posted

if I believe the report was not written correctly does it become my word against the investigating officer, or am I held accountable anyways

Posted

Signing a police report is Irrelevant. Not signing the statement that you made it is a problem for the police and for the prosecution, not a major problem, but a problem



henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

Asker

Posted

if I did not sign the statements that appear in the report am I still subject to being accused of filing a false police report

Henry Lebensbaum

Henry Lebensbaum

Posted

This is rarely prosecuted. henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606. Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Asker

Posted

if I believe the report was not written correctly does it become my word against the investigating officer, or am I held accountable anyways

Henry Lebensbaum

Henry Lebensbaum

Posted

Technically if you didn't sign, you have not adopted the words. Was it recorded? henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606. Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Asker

Posted

no it was not

Henry Lebensbaum

Henry Lebensbaum

Posted

So given what I said, do you have any question henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606. Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

Asker

Posted

no, that is helpful, thank you

Posted

I have to disagree with what has been said. Your statements to the police are admissible against you whether you sign the report or not. Your statements are considered a "party admission" which is an exception to the rule against hearsay. The very fact that you said them, and that you are now the defendant makes those statements (though, not the police report itself) admissible against you.

That is why any lawyer will always tell you not to talk to the police or anyone else about a pending matter.

David C. Newton

David C. Newton

Posted

This would be true if the person asking this question was the defendant. However, from the way the question reads it is either a witness or the victim asking this question about there own statements in a police report. Thus it is not a party admission.

Edward R. Molari

Edward R. Molari

Posted

Agreed. The question is ambiguous as to whether the writer is also the defendant.

Henry Lebensbaum

Henry Lebensbaum

Posted

A signature is an affirmation. An unsigned document or statement written by another does not have the same weight. henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606. Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.