FALSE REPORTS TO LAW ENFORCEMENT OFFICERS-N.J.S.A. 2C:28-4
False Reports NJ
If you have been charged with 2C:28-4 false reports you need to know that it is a serious criminal offense which exposes you to possible jail time up to 18 months, criminal record, fines of up to $10,000.00, if convicted. I have been handling criminal violations for 26 plus years and can help you avoid possible conviction, jail time, criminal record, max fines, if the facts merit. Call me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES THE OFFENSE:
You are sick and tired of your child’s 4th grade classmate bullying him or her. You’ve complained about it to any school official who will listed but nothing has been done by anybody about it. Your child comes home from school with a bloody nose and shattered confidence because, once again, he/she has been victimized by that same bully. Furious, you decide to “get even” by anonymously reporting to Police that you
witnessed your child’s teacher and that bully carry a loaded rifle and a suspicious looking box into the school building and that you believe the children are being held at gunpoint. The police SWAT gears up and go out and investigate. Eye witless news shows up with their “fiasco-cam”. The teacher is hauled out in handcuffs—but have you just committed a serious criminal offense?
THE ACTUAL LAW
a. “Falsely incriminating another. A person who gives or knowingly causes to be given false information to any law enforcement officer with purpose to implicate
another commits a crime of the fourth degree.
b. Fictitious reports. A person commits a disorderly persons offense if he:
(1) Reports or causes to be reported to law enforcement authorities an offense or
other incident within their concern knowing that it did not occur; or
(2) Pretends to furnish or causes to be furnished such authorities with
information relating to an offense or incident when he knows he has no
information relating to such offense or information.”
The answer to the question is YES. You have arguably committed fourth degree false incrimination, State v. Daniel Holton, A-3428-04 (App. Div. 2008), cert. denied 195 N.J. 420 (2008), punishable by, if convicted, monetary fines of up to $10,000.00, jail time in a range of a minimum of one (1) year up to a maximum of eighteen (18) months, plus a criminal record. N.J.S.A. 2C:43-3(b). The essence of the crime was “knowingly” N.J.S.A. 2C:2-2(b)(2) giving false information to the police with “purpose” to implicate another in a crime. N.J.S.A. 2C:2-2(b)(1).
