Filing a False Police Report

[shakalaka]

Originally posted by FraserB


You're a retard.

Shak is a lawyer.

Haha thanks Fraser, but I am not quite a lawyer yet.

I finished law school, got one last exam before I can begin articling. But contrary to Tram_Common's belief here, I have been to courts more times than I care to count.

Originally posted by Tram Common


Oh really? Me too! I'm also a fighter jet pilot and a doctor.



There's nothing to get into, there are no consequences for filling out a police report that says you're the innocent one in a car crash.

The witness and the other police report will say otherwise and a decision should favour them... but there's nothing illegal about filling it out the way you saw it, even if it's wrong... it's circumstantial and if you were a lawyer you'd know all this very well.

The only thing illegal would be to fill it out blatantly lying about things, like saying your car was somewhere it absolutely wasn't, going the opposite direction or something... which isn't what this girl or her father did, they just turned it around as though it was JC's fault the accident occurred... and there's nothing illegal about that.

Do you not understand the concept of falsifying something? You do know what that word means right? Right from the start, I have been stating that FALSIFYING a police report is a crime. When did I ever say that writing a report under a honest mistaken belief a crime? There is a huge difference in someone trying to purposely lie on a report (crime) and writing what happened while honestly believing in it (not a crime).

And if you had read the facts of the present scenario properly, you would have realized that it was indeed the girls fault and later the father lied on the police report. It can be implied that the girls knew it was their fault, when they were hysterical and crying after the accident as JfuckinC mentions. Indeed, it was the OP who was calming them down and telling them not to worry. Clearly the girls aren't retarded that they would be all hysterical and crying if they knew it wasn't their fault. The girls seem to know it was their fault, you don't think the father saying that it wasn't on the report would be considered as lying and resultantly illegal?

It is very likely that they went home and told the father that they hit someone but the father decided to try and pull a fast one on the OP by filing the police report claiming it wasn't their fault. Perhaps without realizing that there were eye witnesses present as well. Offcourse, at the same time girls could have just lied to the father ( maybe afraid of getting in shit) and he based the report on that mistaken belief, then it wouldn't be a crime since he wouldn't be falsifying a police report. But we don't really know that now, do we?

Obviously, if this were to go to court, both parties would argue their own side and it could go either way. That's the reason why we have the whole adversarial system of law in place. But that's a whole other topic.

Once again if a person KNOWINGLY lies on a police report, it IS a crime. Circumstantial doesn't mean shit in that case. Similarly, if a person who is under an oath lies in a court, they can be charged with Perjury as it shows that the person was wilfully misleading the court. Perjury can also apply to lying on an affidavit and other such legal documents (depending on what they are). Even though it's rarely prosecuted, sentences can include fines and jail time. In more serious cases it can carry a maximum sentence of up to 7 years.

Now just a random piece of advice. Take it or leave it, doesn't really bother me. If you don't open your mind to the possibility, that you can actually be wrong sometimes, you will never learn and grow as a person. I am just saying since you clearly are way to stubborn to see the matter from a perspective that isn't your own.

[revelations]

.

[Tram Common]

Originally posted by shakalaka
And if you had read the facts of the present scenario properly, you would have realized that it was indeed the girls fault and later the father lied on the police report.

Really, because I did read the facts, and here they are:

Originally posted by JfuckinC
I'd assume the dad did the report, the cops said I should be good because of all the info I have/the witness/the damage.

Are you sure you read them?

Originally posted by shakalaka
It can be implied that the girls knew it was their fault, when they were hysterical and crying after the accident as JfuckinC mentions. Indeed, it was the OP who was calming them down and telling them not to worry. Clearly the girls aren't retarded that they would be all hysterical and crying if they knew it wasn't their fault. The girls seem to know it was their fault, you don't think the father saying that it wasn't on the report would be considered as lying and resultantly illegal?

No, I could argue that the girls were very distraught over the whole situation and merely assumed it was their fault because the OP and the witness told them it was.

Originally posted by shakalaka
It is very likely that they went home and told the father that they hit someone but the father decided to try and pull a fast one on the OP by filing the police report claiming it wasn't their fault. Perhaps without realizing that there were eye witnesses present as well. Offcourse, at the same time girls could have just lied to the father ( maybe afraid of getting in shit) and he based the report on that mistaken belief, then it wouldn't be a crime since he wouldn't be falsifying a police report. But we don't really know that now, do we?

No, we don't, so, again, filling out the report the way they did is not illegal at all.

Originally posted by shakalaka
Obviously, if this were to go to court, both parties would argue their own side and it could go either way. That's the reason why we have the whole adversarial system of law in place. But that's a whole other topic.

Exactly, because nothing is black and white, is it? It's all open to circumstance.

Originally posted by shakalaka
Once again if a person KNOWINGLY lies on a police report, it IS a crime.

... yes, but like we both agree on now, who's to say the girls didn't lie to papa or that papa was explained the accident by the girls and then determined by his own logic that the fault was on the OP?

There's absolutely nothing illegal about filling out a report where circumstance comes into play and this is one of those situations... you, being a "lawyer", should know this.

Originally posted by shakalaka
Now just a random piece of advice. Take it or leave it, doesn't really bother me. If you don't open your mind to the possibility, that you can actually be wrong sometimes, you will never learn and grow as a person. I am just saying since you clearly are way to stubborn to see the matter from a perspective that isn't your own.

My doctorate of law and fighter jet piloting says otherwise, asshole:

[shakalaka]

You just entirely missed the whole point I was trying to make. But then again after seeing your posts in a couple of threads, I am not surprised at all. But you do get how an adversarial system works, so that's progress. Yes in court both parties would make such arguments as you mentioned, but that's when the testimony of unbiased witnesses would come into play. That's when it won't be circumstantial anymore. Whichever side has proof will win and eye witnesses are considered a very dominant form of proof. All the eye witness has to do is mention what actually happened and state the girls did seem to acknowledge that it was their fault, which was evident by their demeanor after the accident. Or maybe even the things they might have said after the accident like, 'sorry wasn't looking where I was going', basically any such explicit or implicit admission of guilt. If the police report states otherwise, they essentially lied. Once the eye witness corroborates to the original situation, that's pretty much it.

Anyway, I don't have time for this, but all I am going to say is good luck with life buddy. This 'asshole' wishes well for you.

[Tram Common]

Originally posted by shakalaka
All the eye witness has to do is mention what actually happened and state the girls did seem to acknowledge that it was their fault, which was evident by their demeanor after the accident. Or maybe even the things they might have said after the accident like, 'sorry wasn't looking where I was going', basically any such explicit or implicit admission of guilt. If the police report states otherwise, they essentially lied. Once the eye witness corroborates to the original situation, that's pretty much it.

Sorry, you don't get it.

Those "admissions of guilt" are non-existent if she revokes them in court on the basis that she was stressed or distraught, or whatever... no traffic court judge will throw down the hammer on something like that and you know it.

The only thing that will happen is the witness card will play and OP will have his damages covered... but the girl will walk away without a scratch.

Oh and I've read through your posts too like a huge faggot and I find you to be stupid too, so there!

[turbotrip]

While it is punishable by jail time, there will likely be no repurcussions
However, I would still report it

[tom_9109]

The insurance companies are going to settle this however they see fit and a charge for filing a false police report will never be laid.

Knowing the guy is lying is one thing.

Being able to prove he is intentionally lying is another.

A cop probably won't lay the charge because a defence lawyer would simply argue that from his perspective he believe what we was saying to be true when he said it and he did not intent to falsify a report.

No intent = no criminal conviction. (mens rea)

[shakalaka]

Originally posted by Tram Common


Sorry, you don't get it.

Those "admissions of guilt" are non-existent if she revokes them in court on the basis that she was stressed or distraught, or whatever... no traffic court judge will throw down the hammer on something like that and you know it.

The only thing that will happen is the witness card will play and OP will have his damages covered... but the girl will walk away without a scratch.

Oh and I've read through your posts too like a huge faggot and I find you to be stupid too, so there!

If the mens rea (intention to lie) can be shown it would be a criminal offense, not an easy thing to do, but not impossible either. Like I keep saying over and over again that's what an adversarial system is all about and the outcome will depend on whole bunch of factors, few of them being the one's I mentioned earlier. Someone just can't wash their hands of a crime by simply retracting their statement, claiming whatever they want. It's just not as simple as that. But fuck dude, not only are you a huge fag like you yourself mentioned, you're also a dumb prick.

So there, am done arguing with someone who might as well be a fucking light pole. In words of Aquamarine, 'please don't breed.' Guess the consensus seems to go with him. Oh and am also gonna agree with him about adding you to the ignore list, I really have better things to do than bicker back and forth with someone as dense as you. So knock yourself out with your stupidity.

[JfuckinC]

haha i'm just mad people can be such scum bags... Oh welll

Now, fuck you doug haha my CAD skillz are insanezzz!!!1!1

[arian_ma]

You got a couple of ski masks don't you B?

[JfuckinC]

Originally posted by arian_ma
You got a couple of ski masks don't you B?

Oh you knowwwwwwwwwww i'd love to. But it's not a big enough deal lol.. I just want these girls dad or whatever to get shit on for being a grease ball. I was so fucking nice to them. Whatevvv, i don't get mad like i used to. I was just mad yesterday when i found out they did it

If it weren't 16 year old girls you know it'd be a different story

[JRSC00LUDE]

The best part of this thread is Tram Common, hands down.

[ercchry]

16 year old girls... hrm... how can you get the dad back...

[JfuckinC]

Originally posted by ercchry
16 year old girls... hrm... how can you get the dad back...

LOL

thought about that. They just weren't that cute. Maybe i could take one for the team... the team being me?

[spike98]

Originally posted by JfuckinC


LOL

thought about that. They just weren't that cute. Maybe i could take one for the team... the team being me?

I see this as a viable method of payback.

1. Use police report for address of grease balls daughter.
2. Make a visit with a 12 pack of smirnof ice and video camera in hand.
3. ?????????
4. PROFIT!

[Tram Common]

Originally posted by shakalaka
Someone just can't wash their hands of a crime by simply retracting their statement, claiming whatever they want. It's just not as simple as that. But fuck dude, not only are you a huge fag like you yourself mentioned, you're also a dumb prick.

Over something this fucking minor and circumstancial THEY CAN AND WILL.

Fuck, you're going to be in for a rude awakening if you ever start to practice.

Originally posted by shakalaka
So there, am done arguing with someone who might as well be a fucking light pole. In words of Aquamarine, 'please don't breed.'

Actually, it was:

Originally posted by aquamarine
Thanks for playing, may you never breen.

Go on then, run away and add me to your little "ignore list" like a fucking baby.

[01RedDX]

.

[Stalker Hacker]

The point Shak is making is valid, but the point Tram is making is the reality of it all.

The moral of the story: don't lie when filing an accident report, but don't be surprised if the other guy does.

Take the win and just leave it be.

[JfuckinC]

Wellllll....

Winner Winner Chicken Dinner

Shit's Payed for by their insurance, chalk one up for the good guys

I'll let you know what i hear about them lying anyway, cause my insuance lady said that it had come to their attention the other party was lying... prob nothing but you never know!

[CUG]

Tram Common, you have a "Docurate" of Law?