I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Department to find out more info, all they said they could tell me was it was My ex girlfriend who filed and the date.
I was invited to her house that day to grab some paperwork for our Probate Case with our daughter, she sent me a text message (which I still have saved) saying she may fall asleep on the couch so I could let myself in (door was unlocked) and the paperwork would be on the table.
I have a couple questions regarding this:
The Police Department said they couldn't give me any info and I would have to wait till court. I thought I would have been able to get a copy.
Is the Police Department required to give me a Copy of the report if I request it??
Since the charges are completely false and I have the proof of her inviting me over, I wold assume filling a false police report is illegal. Would I be able to action against her for doing so? and if I could, how would I go about doing that?
Thanks for any help.
B&E Misdemeanor and False Report
As you are charged with a crime of B&E for misdemeanor (see M.G.L.c. 266, s. 16A), you should seriously think about obtaining counsel to represent you in the matter. Additionally, if charged with a crime, it is best to talk with a lawyer before talking with the police. As you have been charged with a crime and summonsed to court, the DA's office will have preliminary reports. If you have a lawyer, the lawyer will be able to obtain that information from the DA's office.
As the case progresses and information is obtained, your lawyer and the DA will evaluate the case. If there has been evidence of a false report, your lawyer can help in the process of having your ex charged with filing a false police report. If possible, you should print and also download and save the text conversation with your ex to ensure that it is available for use in court. If you want to discuss in more detail information about the court process, I can be reached at 508-883-3200 or at info@trottierlaw.com.
Attorney David Trottier
B & E MISDEMEANOR & FALSE REPORT
The answers to your questions are as follows: (1) The police department is not required to give you a copy of the report. You could go to the Office of the Criminal Clerk-Magistrate at the Courthouse and request a copy of the police report that is attached to the Application for Criminal Complaint. The Clerk-Magistrate may give you a copy (either $1.00 or $2.50 per page). The Clerk-Magistrate may not give you a copy. It is up to the Clerk-Magistrate and it differs from court to court. Usually if a lawyer goes in to the court and files an appearance as your lawyer the Clerk-Magistrate will give the lawyer a copy of the police reports. (2) There is a criminal statute in Massachusetts that makes it a crime to make a false report of a crime to a police officer. The statute reads: "Whoever intentionally and knowingly makes or causes to be made a false report of a crime to police officers shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment in a jail or house of correction nor not more than one year, or both." You have the right to apply for a criminal complaint against her. You will want to talk with a good criminal lawyer before doing that as there may be a downside to you; you will have to in essence reveal now your defense to this charge against you and you will be required to tell your version of the event now, long before any trial in the criminal case against you. It may well be that after weighing the pros and cons you may decide to go ahead and apply for a complaint against her; but it is a decision you should make only after talking with a criminal lawyer. Attorney Robert D. Lewin, Tel. 781-322-2228, website: www.attyrobertlewin.com, email: rlewin@lewinandlewin.com