Legal Question in Criminal Law in California

If someone purposely made a false report to 911- an the party reported on suffered monetary damages in court because of it. Could they get the judge to reduce the fine and or overturn the judgment if they later showed the judge the false 911 report that showed there was malicious intent to the person 911 report was made on?

Asked on 6/19/13, 2:07 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Your question isn't very clear, but it sounds as if a 911 call led to evidence of a crime other than the one the caller accused you of, and that you were later convicted. If that's what happened, then the answer is no. You are not entitled to any relief based on the caller's motives or on the falsity of his accusation. Those factors have nothing to do with whether you are guilty, whether your guilt was adequately proved, or how you should be punished.

If the caller knew his accusation was false when he made it, then he can be prosecuted. That would not improve your situation, but it would hold him responsible for making a false 911 call. Whether to pursue such a case will be the prosecutor's decision, not yours.

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Answered on 6/19/13, 2:20 pm

John Laurie Gertz and Laurie

If the 911 call let to your arrest on something other than what was complained of in the call to 911 that in an of itself is going to change a judge's decision. If the police acted on a 911 call they knew was false, depending upon the circumstances then you might possible have something. It seems as if you have a criminal attorney in this matter. You should mention this to them. Nothing to lose. This is the best i can do as your question is not clear in my mind.

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Answered on 6/23/13, 9:39 pm

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