COVID-19 UPDATE: Virtual and Phone Consultations Available in All Cases - We Offer Payment Plans - Learn More

Avvo Rating
Expertise
OCBA
State Bar of California
Featured in huffpost Live
Super Lawyers
Best Attorney

False Report of Emergency in Aliso Viejo

Making a false report of a crime in the city of Anaheim can easily land you in jail for breaking California Penal Code 148.5. Filing a false report and misleading the police can waste police resources and distract from problems actually in need of immediate police aid.

What constitutes the ‘False Report of a Crime’?
  1. According to 148.5(a), you are guilty of a crime if you deliberately report false information to an authority including (such as a peace officer, Attorney General, or District Attorney) that a misdemeanor or felony crime has been committed
  2. According to 148.5(b)(c)(d), you are guilty of a crime if you deliberately make a false report to a peace officer, grand jury, a person assigned to accept/hear reports from the citizenry e.g. a 911 operator, and so on, that a crime has been committed if:
    1. The information is given to the officer while he/she is performing their duties in their professional capacity
    2. The culprit knew or should have known that they were giving the false report to an officer
  3. According to 148.5(e), this section doesn’t apply to individuals who are required by law to report suspected or known incidences of elder abuse, child abuse or dependent adult abuse

In some cases, individuals out to retaliate against someone else may make a false report that the person committed a crime. This is a crime, and unfortunately happens sometimes when relationships sour. For example, someone might file a false police report that the other party stole something of theirs out of anger and frustration, and not on the basis of any true events that might have transpired.

An example of a false report of a crime would be reporting a neighbor for a hit-and-run accident where they ran into your car and not saying anything about it while wholeheartedly being aware that you were the one who accidentally ran into someone else’s parked car which is what caused the damage. Another related example would be a gang filing a false police report about a rival gang in order to divert the focus and attention away. Filing a police report you know to be completely false in order to shift the focus has also happened.

Defenses against a ‘False Report of a Crime’ accusation

If you are charged with violating PC 148.5, it is imperative that you call an experienced attorney to defend your case. Some of the defense strategies that the attorney will explore include:

  • You did not have knowledge that you were falsifying information or that the report you made was false
  • You had no fraudulent intent when making the report
  • You had no way of knowing that the person you talked to was an authority

Depending on the circumstances of your case, there are many different defense strategies that the attorney can explore. Calling your attorney as soon as you can is important for a strong defense to be mounted on your behalf.

Contact a lawyer at the Johnson Criminal Law Group today if you are being charged with making a false report of a crime.

Client Reviews
★★★★★
Lauren Johnson was amazing. She explained everything in ways that were easily understood, & answered all of my question. She was respectful, but also open & honest. She started work on my case the first day we met & got results quickly. She demonstrated passion, concern, and showed true feeling for my situation. My expectations were greatly exceeded. I would say she has an incredible attention for detail, & has a real dedication to her work. Lauren Johnson would be my first recommendation to any of my family or friends similarly in need of legal assistance. - Heather
★★★★★
I researched a lot of attorneys and had met with two attorneys before speaking with Ms. Johnson and retaining her. I was facing serious charges that could not be on my record, due to my job and was really scared. I felt hopeless & thought my life was ruined...until I found Ms. Johnson... - A criminal defense client (drug case)
★★★★★
She is on point. She knows her field well. I have to give credit where credit is due, you deserve it Lauren Johnson... - Anonymous, Victim of Domestic Violence
★★★★★
Lauren K. Johnson was my saving grace. I naively thought you were innocent until proven guilty. However, I soon discovered that CPS and family court does not see things that way... - Mrs. G, a CPS client
★★★★★
Thank you Lauren for your help and support in a very scary, bad time in my life! You were a ray of sunshine in a very dark place. I didn't have to step foot in a court room once, Lauren was there for me... - JB A criminal client