California  |  Criminal Law

Legal Question

Asked on: 7/12/13, 6:54 am

My friend got charged with personal injury and grave threat during a party where all the persons involved are drunk/with influence of alcohol. Anyway, things got heated up and two persons got hurt. My friend only helped pacify the situation but since my friend and the one of two people who got hurt had a bad history, he got included in the case. Any help in the counter case to be filed against the person who filed?

1 Answer

Answered on: 7/12/13, 11:36 am by Edward Hoffman

It sounds like your friend wants to sue the person who made the police report. California does not allow such claims. Police reports are privileged and cannot support a civil judgment. If the report was false and the person who made it deliberately lied, then she committed a crime and can be prosecuted for it. But the people she identified cannot sue her successfully.

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