|
|
Post by Nicolai on Sept 11, 2003 22:29:08 GMT -6
I gave a false statement to an officer here in town - state of texas - what is the penalty in that and can I retract my statment?  |
|
|
|
Post by bueller007 on Sept 12, 2003 3:01:20 GMT -6
Well, first, I'm not sure that your post belongs here, but anyway... I'm pretty sure that in Texas, the penalty for EVERYTHING is death.
But seriously. Here's the info you're looking for:
Statutory Text On and After 9/1/97:
Sec. 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT EMPLOYEE. (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:
~ ~ (1) a peace officer conducting the investigation; or
~ ~ (2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.
~ (b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
~ (c) An offense under this section is a Class B misdemeanor.
Statutory Text Between 9/1/94 and 9/1/97:
Sec. 37.08. FALSE REPORT TO PEACE OFFICER. (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement to a peace officer conducting a criminal investigation and the statement is material to the investigation.
~ (b) An offense under this section is a Class B misdemeanor.
So it's a Class B misdemeanor, which, in Texas, holds a minimum penalty of...............DEATH!
Just kidding.
The penalty is:
Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:
~ ~ (1) a fine not to exceed $2,000;
~ ~ (2) confinement in jail for a term not to exceed 180 days; or
~ ~ (3) both such fine and confinement.
The only information in Texas penal code about retraction of a statement is here:
Sec. 37.05. RETRACTION. It is a defense to prosecution under Section 37.03 (Aggravated Perjury) that the actor retracted his false statement:
~ ~ (1) before completion of the testimony at the official proceeding; and
~ ~ (2) before it became manifest that the falsity of the statement would be exposed.
Note that this statement doesn't apply in your case, as you fall under section 37.08, not section 37.03. So I'm not sure about whether or not you can retract your statement (without punishment). But you can d*mn well bet that if they find out that you were lying, they're going to be a lot harsher on you than if you admit it.
I'd suggest that you consult an attorney before you do anything, but my advice to you is to be a man, admit your mistake and face the possible punishment. And do it soon, before they find out that you were lying.
Hope this helps.
|
|
|
|
Post by Felix on Sept 17, 2003 2:22:44 GMT -6
I would ask Ghost of Suds that one. He lies to the police and anyone else who will listen all of the time.
|
|
|
|
Post by Donnie on Feb 15, 2004 19:25:44 GMT -6
what happened?
|
|
