Vallejo Man May Face Misdemeanor Charges for Filing False Police Report (CA Penal Code 148.5)

Last Modified: October 13, 2020
March 25, 2015 | Rabin Nabizadeh | Kidnapping

It must have felt strange – to know that everyone in your hometown, not to mention the FBI, thought you had been kidnapped when, in actuality, you were safe at a relative’s home.  Yet, this is exactly what happened to a 30-year-old woman from Vallejo.  Allegedly, her boyfriend, a 30-year-old man, called the police earlier this week and told them that she had been forcibly kidnapped and taken from a home on Mare Island.  As it turns out, she was at her father’s house in Huntington Beach all along.  No one kidnapped her, no one harmed her, and it remains to be seen exactly why her boyfriend believed this to be true.  In fact, in cases like this it is likely that, unless he can provide some kind of rational evidence to the contrary, he may be facing charges of filing a false police report (CA Penal Code 148.5)

While making false claims to law enforcement agents may seem like a petty kind of crime when compared to more serious violations of the law, California law takes it seriously.  California Penal Code 148.5 makes it illegal to make a false report to the police.  The rationale behind the law is simple: making false statements to persons who are given the job of protecting public interests (like police, prosecutors, a grand jury, or any other person such as a 911 operator) wastes their time. Moments they could be spending following more productive leads and dealing with more violent and dangerous criminals.

A violation of CA PC 148.5 is a misdemeanor, however.  Anyone convicted of this crime will likely face up to 6 months in county jail.  How long an individual spends in jail is up to the judge, they will take into consideration a number of factors when determining an appropriate sentence.  For example, a judge might take into account an individual’s criminal history, their justification for making a false report (in other words, does there seem to have been a good reason for having made false claims), and the actual consequences of having made the false report (was anyone harmed or taken into custody on the strength of the false claims).


latest news

February 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]