Yes, it is illegal to lie to the police in California about anything that truly matters in a police encounter. It is far better to claim your right to an attorney and stay silent until you can speak with one.
If you’re caught lying to a police officer, they could charge you with several crimes. It depends on the situation you lied about and the circumstances at the time of the lie, but it could be considered a criminal offense.
If you have been accused of making false statements lie to the police, you need legal representation. A Los Angeles criminal defense lawyer with Simmrin Law Group can help. If you are concerned about a situation that has not yet resulted in an arrest, you can learn more here about what you could face if you’re caught lying to the police.
You Should Never Lie to the Cops
Under California law, there are three surefire ways to get charged with a crime if you make a false statement when talking with a law enforcement officer:
- Identifying yourself to an officer, whether verbally or through documentation
- When under oath, whether in a deposition, in the courtroom, or in any similar situation
- When reporting a crime or filing a police report
Know that the lie has to be done intentionally for it to fit the crimes we describe below. If you forget or misreport a minor detail or genuinely believe something that’s later disproven, the charge may not stick. Lies can be lies of commission or omission.
Perjury
Perjury is when you tell a lie while you’re under oath or when you affirm something to be true, like during a deposition. This is a felony crime in California, and you could face up to four years in prison if you’re caught.
In order for a lie to count as perjury, the state must prove certain things. First, you have to know you’re under oath when you tell the lie. Second, you have to intend to lie and try to pass off the lie as the truth. Third, the information must be material to the matter at hand.
This does not have to be verbal. Many government documents have a section that requires you to affirm that all the information is accurate. If you deliberately lie on a form, say a driver’s license application, you could be charged with perjury.
Filing a False Police Report
In California, filing a false police report is a misdemeanor. In addition to the normal sentence, you could be held liable for the costs of any law enforcement action taken because of the false report. The act of swatting is an example.
Swatting is when a false report is made about a serious crime at an innocent’s location, usually with the goal of getting a police SWAT team to respond. Not only is this response expensive, but it’s extremely dangerous for the innocent victim. It’s possible they could get assaulted or even killed before the police realize the report was falsified.
Another example happens in divorce and separation situations. One spouse may call the police and lie to them to make themselves look better in the eyes of family court. Naturally, if the lying spouse is caught, it will be far worse for them.
Providing False Identification
If you get pulled over for a traffic stop and you provide false information about you or your vehicle, that’s another misdemeanor crime. In theory, this crime would apply to all cops on the beat because they all can enforce traffic laws when they’re out and about.
Even if you wish to invoke your right to remain silent, you still must identify yourself and give over-identification information by law. This lets the police know they have the right person for questioning.
Obstruction of Justice
Obstruction of justice can have serious legal consequences, as demonstrated in the scenario where lying to the police about a crime can lead to criminal charges. By purposely misleading law enforcement officials, individuals hinder their ability to conduct a thorough investigation and bring justice to those involved in criminal activities.
It is essential to understand that obstructing justice can result in criminal penalties and jeopardize the efficacy of law enforcement and its ability to maintain public safety.
Acts that Can Lead to Obstruction of Justice Charges
The charges and penalties vary depending on the circumstances and the jurisdiction, but in general, these are examples of actions that could constitute obstruction of justice:
- Tampering with or destroying potential evidence, such as documents, recordings, physical objects, or crime scenes.
- Threatening or intimidating potential witnesses, such as trying to convince someone not to cooperate or testify.
- Making false statements to a grand jury or during sworn testimony for a legal proceeding.
- Knowingly presenting fabricated or altered documents as evidence during an investigation or trial.
- Attempting to prevent someone from reporting a crime or cooperating with law enforcement inquiries through threats, deceit, or force.
- Tipping off the target of an investigation about an ongoing probe or pending charges to enable them to flee or destroy evidence.
- Committing perjury by lying under oath about matters related to a criminal investigation or legal proceeding.
- Harassing or threatening public officials like jurors or law enforcement officers involved in a case.
- Misleading investigators through deceptive statements or false testimony intended to impede discovery of the full facts of a case.
- Bribing public officials or jurors involved with a case in exchange for improper influence over the legal proceedings.
It is important for individuals to cooperate with law enforcement officials by providing truthful and accurate information during investigations. Any attempts to hinder or delay the legal process through deceptive means could result in severe repercussions, including obstruction of justice charges.
Lying to Federal Officers
If you are caught obscuring the truth or misrepresenting facts to federal agents, you can find yourself in very hot water. Lying to federal agents is a serious offense that can result in federal charges and penalties.
Under federal criminal law, it is illegal to knowingly and intentionally provide false information or withhold material facts from federal authorities during an investigation. This includes making false statements, misrepresentations, or providing falsified documents to federal executive, legislative, or judicial branches.
The consequences for lying to federal agents can be severe, potentially leading to fines, imprisonment, and a criminal record. If you’ve been accused of lying to federal law enforcement officials or other federal agents, you need a strong defense. Contact a criminal defense lawyer in Los Angeles as soon as possible.
You Should Never Lie to the Police
Depending on the circumstances, you could face other criminal charges for lying to a peace officer. These include obstruction of justice, resisting arrest, accessory to a crime, and others. The simple fact is that lying to a cop is never a good idea.
If you are caught, the courts have a wide range of charges they could try to pin on you. It won’t matter if you thought it was a good reason. They won’t take your excuses.
Identify yourself, claim your right to a lawyer, and then remain silent until you can speak with a Los Angeles criminal defense lawyer with Simmrin Law Group. Contact us now to find out how we can help.