False Police Report

Why is it illegal to lie to the police when filing a police report in Nevada?

It is illegal to lie to the police when filing a police report in Nevada because making false statements with the intent to deceive or mislead law enforcement officers is considered an obstruction of justice, which is a criminal offense. Making false statements to law enforcement officers can result in serious penalties, including fines, probation, and even jail time.

How serious of a crime is filing a false police report in Nevada?

According to Nevada Revised Statute NRS 207.280, anyone who deliberately reports false information to law enforcement that results in a criminal or internal investigation is guilty of committing a misdemeanor. If someone is convicted and found guilty of this criminal offense, they could face fines up to $1,000 and spend up to six months in jail. 

Can I be charged with filing a false police report if I believed the information I provided was true?

You cannot be charged with filing a false police report if you believed the information you provided was true. However, if your statement is later found to be false or not supported by evidence, you could still face penalties for providing misleading or inaccurate information.

How do the police prove someone filed a false police report?

The police can prove someone filed a false police report by gathering evidence that contradicts the statements made in the report. This could include witness statements, physical evidence, surveillance footage, or other records. The police may also question the accuser to determine whether they knowingly provided false information or if they simply made an honest mistake.

What must the prosecution prove in court? 

To prove that someone filed a false report, the prosecution must show beyond a reasonable doubt that the accused intentionally and knowingly provided false information to law enforcement. The prosecution must also demonstrate that the statement was made with the intent to deceive or mislead officers. Furthermore, they must prove the person was fully aware the information they provided was false.

What if a false police report is used to discount a personal injury claim?

Suppose the insurance company uses the information in a false police report to discount a personal injury claim filed by the injured party. In that case, there are several consequences the individual could face. For starters, the individual would most likely be charged with the criminal offense of filing a false report. 

Next, the plaintiff in the personal injury false police report claim could receive additional damages, including compensatory and punitive damages. The plaintiff could also have their personal injury lawyer file an additional civil suit for fraud and intentional misrepresentation.

Can a person be charged for filing a false injury report claim?

A person can be criminally charged for filing a false injury report claim. For example, someone files a fake injury claim car accident report with the police and insurance company. They hire a car accident lawyer and get a substantial settlement; however, it is later discovered that they filed a false injury report claim. As such, the person could face several criminal charges, including filing a false police report and fraud and embezzlement charges. Depending on the monetary value of the fake claim, they could potentially be charged with felony fraud and embezzlement. 

What is the difference between criminal and civil suits for filing a false police report?

Criminal suits for filing a false police report are brought by the city, county, or state prosecutor, who must prove beyond a reasonable doubt the person committed the crime. If the person is convicted and found guilty, the punishment involves potential jail time and fines.

Civil suits for filing a false police report are brought by an individual or business that was harmed due to the false statement. These suits are brought with legal assistance from a personal injury attorney. These claims generally focus on recovering financial damages the individual or business sustained as a result of the information provided in the false report. 

However, unlike a criminal case, the plaintiff only needs to demonstrate that the defendant knowingly and intentionally provided false information and that they suffered damages due to the false statement. They do not need to convince a judge or jury beyond a reasonable doubt, like in a criminal case. So, it is possible that even if someone is found not guilty in criminal court, they could still be found liable in civil court.

How can a personal injury lawyer help me when someone else filed a false police report?

A personal injury lawyer can help you when someone else filed a false police report by helping you to gather evidence and build a strong case. They will be familiar with the legal process and can advise you on your best course of action. Additionally, they may be able to negotiate with the other party to reach an out-of-court settlement that is more favorable for you. 

What damages can I seek against the defendant?

You may be able to seek compensatory damages for any financial losses you suffered as a result of the false statement, such as medical bills, lost wages, and other expenses. You may also be able to seek punitive damages if the defendant’s actions were particularly egregious or malicious.

What if my case was already settled? Can I seek additional damages?

Yes, if your case was already settled and you later discovered that a false police report was filed, you may be able to seek additional damages. You should contact a personal injury lawyer to discuss the specifics of your case and determine the best course of action.

Get the settlement you deserve

If someone provided the police with false information that affected your personal injury settlement, do not settle for less than you deserve. Let Adam S. Kutner, Injury Attorneys help represent you and ensure you receive the additional compensation to which you are entitled.