I would be a first time offender, turning myself in for this. As a result of the false report the other person involved spent a week in jail. What would be a likely sentence? I've never even had a speeding ticket in the past.
Falsely reporting an incident as you describe it is a misdemeanor and so is a false sworn statement if you made the report under oath (there are circumstances under which it might even possibly be charged as a felony). The maximum penalty would be up to a year in jail if convicted. I suggest you consult with an attorney before you say or do anything.
Hire a good lawyer and say nothing more except to the lawyer. A felony filing a false report that caused someone to be incarcerated can lead to jail but it can be avoided w/a good negotiating attorney.
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
If I were the victim, or his/her lawyer, I would press the DA to give you a heavy jail sentence. Judges at arraignment take most things the DA says as the gospel truth and denials from defense counsel as simply the word of a hired gun. To me, someone who makes a false report that causes someone to spend time in jail should be treated very harshly by the Criminal Justice System. Get yourself a good criminal defense lawyer.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
There is no likely or average sentence as every case is different. There is no mandatory jail time and it is possible that you could even avoid a criminal record. However, I think that is unrealistic in this case. The fact that a person spent a week in jail as a result of your false report indicates to me that the DA would be seeking heavy punishment, certainly greater than the punishment suffered by the innocent person you accused. Now if you didn't really file a false police report but are seeking to help the person out who is sitting in jail, then I strongly suggest that you rethink your options.
I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
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