False Reporting in Arizona (ARS 13-2907)
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Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2907 and §13-2907.01 “False Reporting” occurs when a person initiates a false report regarding a bombing, fire, offense or other emergency knowing that such a report is false and with the “intent” that it will induce the police or emergency crews to take action, or to place a person in fear of eminent serious physical injury, or that it will prevent or interrupt occupation of any building or public place.
In addition, False Reporting can occur when a person makes a false statement to a law enforcement agency knowing that they are misrepresenting a fact for the purpose of interfering with the orderly operation of a law enforcement officer.
Normally, this occurs when a person gives a fake name to a police officer, or lies about whether they possessed a certain item (such as alcohol or drugs).
Possible Punishment for False Reporting
A violation of either statute is a class one (1) misdemeanor. Possible Punishment on a class one (1) misdemeanor can be probation with zero (0) days in jail up to six (6) months in jail. In addition, a fine of up to $2500.00 and 84% surcharge is possible.
Possible Defenses for False Reporting
In most cases, the Officer adds this charge if they become upset with an individual who they are questioning. For example, in a DUI context, if a person states that they “only had one (1) beer”, yet their alcohol reading is above the legal limit, the Officer may also cite them for “False Reporting”. Other times the Officer will simply not believe one person’s “side of the story” and they will charge that person with False Reporting. It is important to have an attorney interview all parties involved (including the police officer) in order to pin down exactly what occurred. A False Reporting charge carries a lifelong ramification due to the fact that it is a crime involving “truth and veracity”. In other words, it can be used against you should you be involved in a future lawsuit or a child custody battle. This is not a conviction that one wants on their record.
The “Common Defenses” for False Reporting, which a False Reporting Lawyer may apply in any criminal case are numerous and diverse. One of most common defenses we encounter is a “Miranda rights Violation”. In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “Voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, “Denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled False Reporting Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a False Reporting case.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Attorney for False Reporting and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Attorneys for False Reporting know the system well. For a free initial consultation, call us at (602) 307-0808.
Contact DM Cantor and speak to a Phoenix Lawyer for False Reporting. We will assist you with your False Reporting case.