False Report Of A Crime
It is also a criminal offense to make a false report of a crime to law enforcement. In order to be convicted under PC 148.5, the prosecution must prove that you:
- Knowingly provided a false report that a crime was committed, or
- Provided false details about a crime that actually was committed
Examples of this crime include reporting a car stolen when you knew that the car was not stolen or providing a falsely inflated value of the worth of property that actually was stolen.
Know What Is On Your Record Before You Apply
Before you apply to become a police officer, if you are unsure of what is on your record, it is vital that you find out exactly what is on your record and that you disclose everything regardless of whether or not your criminal record was expunged. Not only are you under a legal obligation to disclose your expunged criminal record when applying for a position in law enforcement, but it is best to disclose your entire criminal record during the hiring process anyway as the expunged records are almost certain to be revealed through the background check. In fact, the most common cause applicants are rejected is due to their failure to accurately disclose their criminal record.
Engaged In The Performance Of Official Duties
The prosecutor must also prove that the assault or battery occurred against an officer engaged in their official duties. The officer doesn’t necessarily need to be on the clock as long as the officer is performing a job duty. Examples of official duties include making an arrest , directing traffic, or conducting an investigation.
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Law Enforcement Agency Requirements
Law enforcement agencies operate independently and can set their own hiring requirements. All police and sheriff departments have restrictions on hiring people with criminal backgrounds: Felons cannot be hired, but applicants with some types of misdemeanors in their backgrounds may be eligible for law enforcement work. However, departments typically have a list of offenses that will result in the automatic rejection of an application.
Here are some examples:
Minneapolis, Minnesota: The police department in Minneapolis rejects applications from anyone with a felony or gross misdemeanor on their record. In addition, the department also rejects applicants with crimes related to controlled substances, 5th degree assault, computer crimes, and numerous other types of violations.
Washington, DC: The Metropolitan Police department rejects applications from anyone with misdemeanor convictions that involve sexual crimes, DUI, perjury, firearms, bias crimes as well as several other conditions.
Options For Those With A Criminal Record
Those who have disqualifying crimes on their record may still have options when it comes to applying for law enforcement jobs. In some cases, an attorney may be able to assist in getting violations expunged or obtaining a pardon. If there were extenuating circumstances, such as the applicant being very young at the time of her arrest, the attorney may be able to assist in presenting the applicant’s case when trying to seek a waiver from a law enforcement board.
Individuals who can’t qualify to become law enforcement officers because of a misdemeanor record may find work in related fields, such as private security, social services or substance abuse counseling.
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Police Background Check: What Do They Look For
There is something that you need to understand and remember: the background investigation starts at the very moment you submit your application form. As the hiring process is lengthy, it is possible that you might have changed your current address, phone, job or any other information provided in the original application. If this happens, make sure to notify the agency immediately. This will score a point in your favor as it shows that you are responsible and you are able to follow up on a task you have started without being prompted. In addition, that will save time, since the investigators wont have to go back and forth until they reach the needed destination.
So, which are the main areas that the police background investigation covers:
Drug Usage / Possession / Distribution
CONVICTIONS FOR DRUG RELATED VIOLATIONS. No applicant for the position of Police Officer may have in his / her lifetime, any convictions for any type drug use, possession, sale, or, involvement. Nolo Contendere and First Offender treatments are considered convictions.
ILLEGAL DRUG ACTIVITY. No applicant for the position of Police Officer may have ever been involved in the felony possession of a controlled substance deemed illegal at the time of possession regardless of the intent of the disposition of the substance. For the purpose of this section, felony possession will be defined by the Annotated Code of Georgia in effect at the time of the possession, regardless of where the offense was committed.
UNDETECTED CRIMES. Applicants who have by self admission, committed crimes against the state or any other government body which were never detected, shall be presumed to have committed the crime or act. The class or seriousness of the violation will be determined by the applicable Criminal Code of Georgia which was in effect at the time of the commission of the act/ crime regardless of where the act was physically committed.
ILLEGAL DRUG SALE AND DISTRIBUTION. Applicants for the position of Police Officer who have a history of involvement in the selling, trading, distributing, growing, transporting, storing, manufacturing, preparing, or possession of any substance or drug considered as controlled or illegal in accordance with the Annotated Code of Georgia are unacceptable.
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What About My Fifth Amendment Rights
The Fifth Amendment outlines a number of rights related to criminal proceedings, and one of these is protection against self-incrimination. American citizens cannot be made to testify against themselves and have the right to remain silent if taken into custody. In fact, this is a valid defense against charges filed under Michigan Penal Code § 750.479c. You cannot be charged with lying to the police if you invoked your right to remain silent. This does not mean, however, that the Fifth Amendment opens the door to a person making false statements to a police officer. Choose to remain silent, and you cannot be charged with lying.
Is A Misdemeanor Arrest Legal If The Officer Saw Nothing
United States v. MarionSerna v. Superior Court
The Readers Digest Version: Under Penal Code § 836, an officer must observe conduct that is a misdemeanor to arrest the suspect, however, there are dozens of exceptions to this rule. Nonetheless, a good attorney will first and foremost keep 836 in mind and then see if there is an applicable exception.
Long Beach CourthouseJackson v. Superior Court Green v. Department of Motor VehiclesOgulin v. Jeffries
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Top Police Background Check Disqualifiers
Law enforcement is an essential part of our society. Police officers work hard to preserve peace and safety among their fellow citizens. Because they play such a crucial role, only the safest, most trustworthy individuals should be able to join the police force. To help ensure this, police agencies follow a strict and thorough background check process for every new officer they hire. This investigation gathers information from criminal records, employment and education history, the candidates friends and family, and other resources to make sure they are a good fit for this important job. Heres a list of the top police background check disqualifiers that agencies look for when hiring new law enforcement officers.
Exercise Your Right To Remain Silent And Hire An Experienced Criminal Defense Attorney
As weve mentioned above, there is no better strategy for you to take, once youve been arrested, than to exercise your fifth amendment right to remain silent and hire an experienced criminal defense attorney. You do not need to try to solve the situation yourself. Law enforcement will at all times have more leverage than you once youve been arrested until you have someone in your corner who understands the law equally if not better than the police.
The lawyers at Rosenberg | Perry & Associates are experienced criminal defense attorneys who are prepared to defend people for serious federal crimes such as murder charges, arson, sexual assault, DUI charges, and more. Contact us if you are suspected of committing a crime and need legal representation. Call today for a free consultation.
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Army Criminal History Waivers
Joining the military is not for those “with nowhere else to go.” The military requires applicants to be of good moral standing. This means a recruit must not have committed any serious crimes. Misdemeanors, by nature and definition, are not necessarily serious crimes like a felony would be, but depending on the severity of the issue, number of times a misdemeanor was committed, and at what age it was committed, a recruit may apply for a waiver.
Any applicant for enlistment in the United States Army who has received two, three, or four civil convictions or other adverse dispositions for a misdemeanor offense requires a waiver. The waiver approval authority is the recruiting battalion commander, acting commander, or executive officer. There are felony waivers, but the approving authority is much higher, and the likelihood of approval is lower.
Expunging A Felony Charge In Maryland
As stated above, several dispositions are possible if you were arrested for a felony. While a felony conviction will disqualify you from becoming a police officer in Maryland, a felony arrest or charge could be expunged from your record.
The requirements to expunge your record will depend on the disposition of your case.
If you were acquitted or found not guilty, the charge against you is not automatically expunged. Generally, you must wait three years to petition the court to expunge a finding of not guilty or an acquittal. However, if you file a General Waiver, then you are eligible to petition for an expungement immediately after the disposition is entered. This option is also available if a judge dismissed your case. A General Waiver will relinquish any rights you have to sue the arresting authority.
If you were granted a PBJ, then you are permitted to file an expungement motion after three years from the disposition or the date on which you completed the probation, whichever is later.
When the prosecution has stayed your case, you have to wait three years from the date the stet was entered.
In the situation where you were charged for a crime, but the prosecution decided to drop the charges, you are also required to wait three years before petitioning for an expungement. However, as with an acquittal or finding of not guilty, you can file a General Waiver to petition the court before the three-year period.
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Filing A False Police Report
Every state makes it illegal to file a false police report of a crime. In California, filing a false police report is a misdemeanor offense. Some other states treat it as a felony in some circumstances.
In Michigan, for example, it is a felony to knowingly make a false report of a crime of terrorism to anyone, including to law enforcement. Convictions carry up to 20 years in prison.6
Defendants may also be held civilly liable for the costs of law enforcements response to the fake report.
Interacting with the police can be confusing, frustrating, or outright terrifying. You may know that you have certain rights, like the right to remain silent and the right to an attorney, but how do these apply to your unique situation? What happens if you decide to talk and end up telling a lie to a police officer? In this blog, Ill address what happens if youre accused of lying to the police in Michigan.
Simply put, you can face criminal charges if you lie to a police officer.
Michigan Penal Code Â§ 750.479c states that a person who is informed by law enforcement of a criminal investigation cannot: Knowingly and willfully make any statement to the peace officer that the person knows is false or misleading regarding a material fact in that criminal investigation. This also applies to concealing material facts and giving written statements or providing false documents to law enforcement pertaining to a criminal investigation.
Resisting An Unlawful Arrest Not Always A Defense
If an officer stops you, it’s almost always best not to resist arrest. Save the battle for the courtroom. In the overwhelming majority of circumstances, a defendant doesn’t have the right to resist arresteven an illegal one. If you resist arrest, officers are allowed to use force against you, and any physical resistance may lead to a charge of battery against an officer.
Faq: Can I Be A Cop With A Felony Arrest
The requirements to become a police officer is pretty strict forward nationwide. You cannot have been convicted of a felony, you cannot have been dishonorable discharged from the military, and you cannot have been convicted of domestic battery.
If you have any of the three that Ive just mentioned, you will be disqualified from the selection process PERIOD.
I get all of sorts of emails regarding past indiscretion of people who want to go into law enforcement. One of the more popular questions are about past drug use. Many local police agencies are pretty lax when it comes to past drug use.
Unless you are a serial drug user, or youve used two months before you submitted your application you wont get canned. However there are some agencies that wont let you continue if youve used narcotics within the past 2 years so it really depends on the agency.
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Is It Illegal To Lie To The Police
No matter what state you are in or what the situation is involving the police, it is always a good idea to have a lawyer present before you speak with law enforcement. No matter how confident you feel about having done nothing wrong, always prioritize your safety and give yourself the best chance to avoid further legal action by having a lawyer present. To break this topic down as clearly as possible, there are three main crimes that you could be charged for if you lie to police:
- Directly lying to the police
- Supplying false documents
- Interfering with criminal investigations
New Jersey has specific laws that handle these different scenarios.
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Are There Any Defenses To Assaulting A Police Officer
As with the other sections in this article, defenses to assaulting a police officer will primarily be contingent on the laws of a certain jurisdiction and the facts of a specific case. In general, however, some defenses that a defendant in such a case might be able to raise include:
- Lack of proof or insufficient evidence
- Constitutional violations
- The age of the defendant
- False accusations made by the officer and/or
- If the defendant has a mental or physical disability.
It is important to note, however, that the defenses listed above may not apply in every case and also may not serve as a complete defense against the charges. For instance, while a minor can cite age as a defense, age alone will not necessarily get the case dismissed. Instead, an age defense may be used to reduce the severity of their punishment .
Has Anyone Ever Gotten A Police Job With Misdemeanors
Law enforcement jobs carry with them a great deal of responsibility. As a result, police departments establish high standards for those who wish to apply for a job in law enforcement. Although some departments may be willing to hire individuals who have misdemeanor convictions, applicants should prepare for a challenging process. In many instances, serious convictions, such as those involving violence, fraud, and sexual abuse are permanent bars to being hired as a police officer.
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What You Need To Know If The Police Want To Speak With You
In Canada, you have the right to remain silent. This right is constitutionally protected and enshrined in the Canadian Charter of Rights and Freedoms. In most cases, you have no obligation to provide any information to the police. There are some exceptions to this rule, however. Here are a few examples:
- If you are arrested, you must tell the police your name, address, and date of birth.
- If you are the driver or registered owner a motor vehicle, the Traffic Safety Act requires that you provide information to the police in certain circumstances. For example, the driver of a vehicle involved in an accident is required by law to complete collision statement.
- If you are participating in a regulated activity the laws and regulations that govern the regulated activity may require you to provide certain information to the investigators or regulators.
In general, though, you do not need to give the police any information or assist a criminal investigation in any way. If you are unsure about whether you have to cooperate with the police, or how much information you are legally required to give the police, you should always consult with a lawyer. A lawyer can help advise you about what you have to tell investigators , and what information you do not need to provide.
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