False Accusations

[Zendik]

Here's the story.........
Last week one of the local girls who is 17 came to the house crying. She said that her mothers boyfriend grabbed her by the hair and dragged her outside, hit her in the stomach and started throwing her clothes out of the house.
We told her she should call the police which she did, they came over and interviewed her went to their house and arrested the guy.
As the night wore on it came out that she lied because she doesn't like the guy and wanted him to go to jail which he did.
After she was interviewed again the officer noticed discrepancies in her story, charges were dropped and he was released after 18 hours and charged $50.00 for being booked.
So I guess if one is arrested on false chares they still have to pay $50.00 for being booked? I think the guy should be compensated for the 18 hours of his life that was taken away........

[EHStaley]

Maybe have the same done to the girl for filing a false report? Could he take her to small claims for the $50.00?

[greenlead]

Aren't claims like that filed under penalty of perjury? Couldn't they get her for that?

[Stump]

He should sue her civilly.
Geez, don't you people ever watch Judge Judy??? LOL

[yahcanmicrowave]

Let me get this straight - the police arrest you and you have to pay to be booked? What happens if you refuse to pay? If the original crime were deemed false, then subsequent events would probably fall under the fruit of the poisonous tree edict. (meaning it would be illegal to charge someone to be booked for a false charge).

[EHStaley]

Originally posted by Stump
Geez, don't you people ever watch Judge Judy??? LOL

No actually I don't (I work 0800-1700). In the flipping of channels, I noticed that she needs to let off some steam. Maybe she needs to be in celebrity deathmatch with Mills Lane. LOL :D

[Zendik]

Ok, I just talked to the guy that was arrested and he said that the $50.00 was for court fees...

[Scruit]

I think the girl who made the claim shoudl be charged with filing a false report, or whatever the wording if the local law is. And the she should definitely reimburse him for the $50!

[EricTheBald]

Originally posted by DC Law
If the police acted in good faith, the only one who owes him anything is the girl.

Bull. The police acting in good faith has NOTHING to do with it.

I would agree if you said that they shouldn't be held liable, but we're not talking about liability for false arrest, we're talking a booking fee.

The municipality should refund him his $50. Let THEM chase the girl, or for that matter charge her.

[Kenpokev]

Here's Nevada's take on filing a false report. In the few jurisdictions I'm familiar with, the DA's file civily against false reporters:


NRS 41.508 Civil action brought by public agency; award of costs and attorney’s fees.

1. A public agency may commence an action in the name of the agency to recover the expense of an emergency response by the public agency against any person who knowingly:

(a) Makes a false report to a public agency that a felony or misdemeanor has been committed or that an emergency exists; or

(b) Creates the false appearance that a felony or misdemeanor has been committed or that an emergency exists, and that false appearance causes a false report to be made to a public agency that a felony or misdemeanor has been committed or that an emergency exists.

2. A civil action may be brought pursuant to this section even if there has been no criminal conviction for the false report.

3. If a public agency prevails in an action brought pursuant to this section, the court may award the public agency the costs of the action and reasonable attorney’s fees.

4. As used in this section:

(a) “Expense of an emergency response” includes, without limitation, the reasonable costs incurred by a public agency in making an appropriate response to or investigation of a false report, including, without limitation, the salary or wages of any person responding to or investigating a false report, the deemed wages of any volunteer of a public agency participating in the response or investigation, the costs for use or operation of any equipment and the costs for the use or expenditure of any resources, fuel or other materials.

(b) “Public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada that provides police, fire-fighting, rescue or emergency medical services.

[Stump]

Originally posted by EHStaley
Maybe she needs to be in celebrity deathmatch with Mills Lane. LOL :D

OMG!! Wouldn't that be just the freakin' BEST???? I'd love to see that!! LMAO

[mcsap]

I would be most happy to charge the girl with Unsworn Falsification to Law Enforcement. An M-2.

I can't imagine where he would have to pay ANY court costs UNLESS he pled guilty to some minor offense to be done with the whole scenario.

[CXT_180]

Originally posted by EHStaley
Maybe have the same done to the girl for filing a false report? Could he take her to small claims for the $50.00?

I would be happy to arrest her for "false reporting" an M1, which means jail time... for her. HA!

[rdp]

Court fees seem strange if they never went to court on the matter.

Guess it would be a restitution issue if they prosecute the girl.

[Rad Diver]

We charge $20 for booking.

No refunds!