How can I proceed once a false police report has been filed against me?

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How can I proceed once a false police report has been filed against me?

My ex-room mate and I had a difficult falling out. With landlord consent, I moved out 5 months before our lease was up and subleased my room. Upon the end of the lease I entered the nearly empty unit, with my landlord and former room mate’s permission to pick up a cable box, which I owed back to our cable provider. After communicating only about picking up this cable box a few days ago, my ex-room mate reported that he planned to file a police report against me for theft. He claimed that he was going to “pull together a list of things that had come up missing.” What are my options here?

Asked on November 5, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Did you go in to the unit with anyone?  That would have been a good idea so that at least you had a witness to the matter.  But if it is your word against his then he can make the report but yo are going to have to defend against it should it even come to that after the police investigate the matter. He is going to have to have proof and it appears really that all the evidence will be circumstantial - you had opportunity to do so.  The motive will be retaliation I suppose. You are going to have to rebut the evidence in some way.  You will need help from an attorney to do this.  Know that if you can rebut the evidence and prove that he is filing a false report then he will be in deep trouble.  Maybe you should let him know that ahead of time.  Good luck.


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