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Georgia Criminal Law – I Lied to the Police, What Happens Now?

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Being questioned by the police is unpleasant. This is true whether the person being questioned is a suspect, a witness, or an alleged victim in a criminal case. But, however discomforting it may be, police questioning is a critical part of the policing process and administration of justice. Therefore, there are several criminal laws against the providing of false information to the police. This article serves to explore the laws of giving a false name, making a false police report, and making a false statement to the police, what the punishment is, and practical guidance on what to do if you have done one of these things.

False Statement to Police & Penalty

Georgia law, O.C.G.A. § 16-10-20 provides, a person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be guilty of a felony, punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.

False Report of a Crime in Georgia & Penalty

Pursuant to Georgia law, O.C.G.A. § 16-10-26, a person who willfully and knowingly gives or causes a false report of a crime to be given to any law enforcement officer or agency of this state is guilty of a misdemeanor. Misdemeanor charges are punishable by a penalty of a $1,000 fine, one year in jail, or both.

Giving a False Name in Georgia & Penalty

Under Georgia law, O.C.G.A. § 16-10-25, a person who gives a false name, address, or date of birth to a law enforcement officer in the lawful discharge of his official duties with the intent of misleading the officer as to his identity or birth date is guilty of a misdemeanor. Misdemeanor charges are punished as a $1,000 fine, one year in jail, or both.

I’ve Made a False Statement, What Do I Do?

If you made a false statement as a suspect in a criminal case, then you should absolutely obtain a criminal defense attorney to represent you. A trained and experienced attorney can assist you in raising legal defenses, challenges, and mitigating evidence.

If you have made a false statement as an alleged victim, you should consider the following courses of action:

  • Contact the Prosecuting Office: before you contact the prosecuting office (District Attorney for felonies and Solicitor General for misdemeanors), you should know exactly who it is you will be speaking to. You may be directed to the actual prosecuting attorney who is handling the case, a Victim Witness Assistant who generally oversees witness communication, or a legal assistant.
  • Explain the False Statement: when a person makes a false police report or statement to police about an alleged crime committed by an innocent person, they are impacting the freedom of the accused person. It is imperative the false statement be corrected so the innocent person may be exonerated. This comes with the understanding that taking responsibility of the false statement could cause the prosecuting attorney to charge you with one or more of the above offenses.
  • If You Are Ultimately Charged: you should contact a criminal defense lawyer who can assist you in raising defenses, challenges, and mitigating evidence.

Contact Us

If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for a free case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.