Can you get charged with filing a false report if you file a complaint against a police officer?

I'm asking because a friend of mine was pulled over and the officer was very rude to him, the officer even threw his license back at my friend. My friend paid his ticket but filed a complaint with the police department. A week later they come charging him with filing a false report. In court the judge was very unprofessional, during sentencing she asked the state attorney what should she do, did he want her to send my friend to jail? what kind of justice system is this. this is niot the first time this officer has gotten aggressive with a citizen. No one contacted my friend about an investigation. I can't find any laws or sentencing guidelines on filing a false report or filing a citizens complaint. Please helpCan you get charged with filing a false report if you file a complaint against a police officer?
Ask for the proof or reasoning on why it was a false claim..





If they can't proof it didn't happen either then your friend can't be charged with anything.





They can't simply take the cops word over yours.





The more you chase it the more likely they are to drop it.Can you get charged with filing a false report if you file a complaint against a police officer?
Goodness. A few interesting...and a few ridiculous...answers here.





First - you're not going to get a quality answer because you haven't said what state this took place in. Laws on these things vary by state, and people need to know what state you're in to give you a good answer.





I can give you the California answer:





In this state, the subject of filing a false *personnel* complaint against an officer has been on and off the last few years. Unless I'm mistaken, it's currently legal to file a false personnel complaint against a law enforcement officer. The State Supreme Court felt that it wasn't fair to other groups that cops should get protection from false complaints, I believe.





On the other hand, it always has been and I imagine always will be, illegal to file a false police report against anyone, police included.





In other words, if your friend is in California, it's probably legal for him/her to make a false complaint about an officer's behavior (he was rude, he called me names, etc).





However, it would not be legal for your friend to make a false police report, alleging the officer violated the law. If your friend said the officer punched him/her, and that was not true, that would be a false report and your friend could be charged with a crime.





The other poster is correct about judges seeking the prosecution's input for sentencing...perfectly normal, perfectly appropriate, and perfectly professional.





Were you there when this happened? If not, I'd encourage you to reserve your judgement unless you know, or can find out, what the absolute truth was. Nobody wants to doubt their friends, but when friends have run-ins with the police, they are not always as forthcoming as they perhaps should be. And as others have mentioned, it is very likely the contact between your friend and the officer was audio or video recorded, and that might have been all it took to make one or the other of them a liar...an interview might not have been necessary at all.





Finally, the way you're asking this question (referring to sentencing) makes it sound like your friend was convicted of doing whatever it is the State alleges he/she did. If that's the case, it pretty much answers your question, don't you think?
He can not be charged with filing a false report UNLESS your friend is lying. How would the Police know if he is lying? VIDEO!





If your friend is telling the truth or lying - Most Police Cars anymore are equipped with Video and Audio recording devices. Assuming your friend is honest - and the Policeman lies - The Video and or Audio will prove it.





If your friend is found to be rude and obnoxious - on video - he can possibly be charged with filing a false report and other charges should the Ticketing Officer wish to pursue them.
Your question prompts other questions: Did the officer's patrol car have video and voice recording: Did the officer have any independent witness(s): Did your friend have any independent witness(s).





The fact of the matter is that what your friend told you is hearsay and without any evidence on either side it is highly unlikely that the prosecuting authority would have taken the matter to court without any such evidence. The fact that the officer is 'alleged' to have been aggressive with another citizen is immaterial unless your friend can prove 'system', otherwise the fact would not be allowed in evidence.





A good maxim in cases like these is to believe half of what you see and nothing that you hear......
Yea, its called Ubstructing justice, the same thing as prank calling 911.
It's tough to fight the police. They don't even want to investigate cases in which a policeman kills someone.





As far as the trial goes, it's standard practice to ask the prosecution for their sentencing recommendation. The judge will take that into account when he/she decides on the sentence.





Since it's your friend's word against the officer's word, I'm very surprised he was convicted. Your friend must have told them some really outrageous stuff when he filed his report.
I said it before and I will say it again, you need twins, about a 36C or D. That should shut the officer up, in fact I bet he shows a different attitude when pulling over different people. I know, I'm the one that gets away with it.
Are you from the Philippines because if you are this things happen all the time and no she won't go to jail.
If you make a bogus complaint against an officer, and put it in writing, you risk being called to account for what you say in your statement.





If it is determined later that what you say is false, you risk civil and criminal sanctions as well you should if you do something like that.
NO!!!
How can a complaint be a false report. It is a personal opinion about the offending officer. Was he or was he not rude? I am going to file one myself about an officer. Besides what happened to beyond the shadow of a doubt?
It sounds like your friend failed the first test any cop will give you in any encounter.





The Attitude Test. Very important. If you fail this first test, everything will go down hill from there. The citizen has more control that you would think. That cop just wants to get home that night and back to his family. Think of the stress involved in law enforcement. Think of the patients needed to be a good cop.





98% of all cops are stand-up guys and gals. People that would lay down their lives for you. Never forget that.





A false report charge will only stand up in court if the police officer has proof that there was no harassment.
It's against the law everywhere to file a false report. Unfortunately, citizens almost always lose when battling the cops and the so-called justice system. Even a truthful report can be dismissed as false.





Here's why people. The media bombards us with stories about cops, doctors and lawyers. Its plastered all over the TV. It is a campaign to keep you in line. When we as citizens start respecting ourselves and quit honoring cops and the elite, then and only then will we be free. Until then, we deserve to be in bondage to the elite.
If this occurred in America, get a lawyer, then file charges against the judge and the police officer. It sounds like the lower judicial system is a bit corrupt where you are, so when that gets overturned, keep appealing until you get to a reputable Supreme Court who will rule in your favor and expose the corrupt judges. Then, sue for pain and suffering and anything else you can think of and move to Hawaii.
uh... wow. if youre from the US, either youre lying or that's really scary and ****** up. i wonder how they could even prove their case...
get a lawyer and file a complaint that way. police brutality should never be allowed.





as for the notes on the court appearance, it should be public domain.
There are some ways,,that you are able to talk to some lawyers on the Internet,and it won't cost you anything for gettin some advice,,My husband has been gettin some advice,,and I think he when threw google,,,good luck
Yes you could possibly serve some time for filing a false report on a police officer. The length of time you would have to serve probably depends on what you are filing against the officer
Now a days expect judges to side with law enforcement on just about anything. You gotta realize that these pigs oops i mean cops are what bring in the cattle heads which are us the people who in turn are the ones who pay court costs and fines and give work to their lawyer buddies they went to law school with whether it be prosicuting or defending. the system is run by money period.
sounds like you better get your friend a lawyer
get a hold of the ACLU, this sounds like it right up their ally.
no
UNFORTUNATELY IN THIS GREAT COUNTRY OF OURS A LOT OF THE TIME THE POLICE THE PROSECUTORS AND THE JUDGES ALL SCRATCH EACH OTHERS BACKS AND WILL DO JUST ABOUT ANYTHING TO COVER UP FOR EACH OTHER EVEN IF IT MEANS BREAKING THE LAW THEMSELVES AS LONG AS THEY DON'T GET CAUGHT BY THE RIGHT PERSON. YOU FRIEND PROBABLY SHOULD CONTACT SOMEONE WELL VERSED IN THE CIVIL RIGHTS FIELD TO EXPLORE WHAT THEIR OPTIONS ARE.
No, i dont think you can, and also, with that, he was rude right? Then, this system is just ****** up, and they like to put people in jail for nothin.
NO! not at all where i come from we do it all the time its a kind of community service thing,you know what next time complain to the president %26amp;get your voice heard