CR 9-50: False Statement to Law Enforcement Officer

False statement cases are difficult to prove and therefore are not as common as one would think.  When they are prosecuted, they are taken seriously by State’s Attorney’s Offices, which is especially true when the charges involve a false police report.  To support a conviction under Maryland Criminal Code Section 9-501 the State is required to prove the defendant made a statement, report or complaint to a law enforcement officer that he or she knows to be false.  The statement need not be entirely false but does have to be materially false in some part.  Prosecutors must also establish the statement was made with criminal intent such as causing an investigation or other action to be taken by police.  If the statement was made with the intent to deceive law enforcement it would likely qualify as a crime under the Maryland code.
 
If a person files a false police report to get someone in trouble this would certainly qualify for a false statement charge regardless of whether the police actually made an arrest.  Filing a false statement of charges with a District Court Commissioner would qualify and may also be considered for more serious perjury charges.  Filing a false statement of charges is common in domestic situations, and many people are charged and even arrested based off a person’s false statement.  District Court Commissioners are not tasked with the responsibility of investigating the legitimacy of a statement of charges.  If the document establishes all the elements of a crime a summons or warrant will likely be issued.  Once this occurs there is no quick fix, which is why prosecutors have become more focused on false statement cases over the last few years.
 
Perjury under Criminal Code section 9-101 is a more serious offense under Maryland law that carries a maximum penalty of up to 10 years in prison.  Perjury requires the State to prove a defendant made a materially false oath or affirmation in a court proceeding, deposition, affidavit or other official process.  Perjury is a misdemeanor under state law, but under federal law is a felony.  Lying/ making a false statement to a federal officer or agent carries up to 5 years in prison under 18 U.S.C §1001.
 
False statement cases under Maryland CR 9-501 are tough to prove, which is why they are not as common relative to how many times they occur.  It is difficult to prove someone is lying unless they are caught confessing to the lie.  There may be circumstantial evidence that tends to prove a false statement, but prosecutors will need more for the case to stand up to a rigorous defense.  An experienced criminal defense lawyer will expose a weak case by emphasizing the State’s high burden of proof in a criminal case.  A person may have a motive to make a false statement and could even have a great deal to gain from the statement, but motive and opportunity alone are not enough for proof beyond a reasonable doubt.
 
A violation of Maryland Criminal Code Section 9-501 carries a maximum penalty of up to 6 months in jail along with a $500 fine.  Since the maximum penalty is more than 90 days a defendant would be able to request a jury trial in the Circuit Court where the case is being prosecuted.
 
Benjamin has fought for the dismissal of dozens of false statement cases in all Maryland jurisdictions from the Eastern Shore to Allegany County.  He is not afraid to take these cases to jury trial if the State is being unreasonable and is always available to his clients on his cell phone.  Contact Maryland false statement lawyer Benjamin Herbst at 410-207-2598 to discuss your case in detail.