If a police officer lies on a police report, can I still be convicted of the charges brought against me?
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If a police officer lies on a police report, can I still be convicted of the charges brought against me?
I was involved in a car accident and a person in my car left
drugs in my car that I was unaware of. Because it was my
car they are trying to charge me with it. I’ve never had a
drug charge or anything. The officer claims he found myself
and passenger in the vehicle but he did not i had left the
vehicle because I was in danger where it was and went to
a house and called a ambulance and the police. So he
falsified the the report. Can I still charged for the crime.
Further more I was not caught with drugs on myself they
were found in the passengers belongings.
Asked on November 7, 2017 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Technically, yes: a lie on a report does not preclude or bar charges--or being convicted of charges--if there is sufficient other credible/reliable evidence. If the officer's testimony is key or critical or important evidence, however, then a demonstrated lie by him will badly undercut his credibility, at a minimum, and could completely invalidate his testimony. Thus, if the state relies on this officer' testimony or generally or this report specifically, the lie could result in an acquittal (winning at trial) or even a dismissal (not having to go to trial), though if the state has other strong evidence, the effect of the lie may be minor and you could end up being convicted.
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