Talking to police is thought of by many people as a nerve-racking experience. However, it is important not to make any false statements to the police when being interviewed by them. IF YOU ARE BEING INTERVIEWED BY THE POLICE, YOU SHOULD ALWAYS HIRE AN ATTORNEY BEFORE GIVING ANY STATEMENT.
An individual may be faced with harsh penalties in Michigan if they are charged with “knowingly making a false or misleading statement to police” or more simply referred to as “lying to police”. When faced with the possibility of such serious penalties, having a skilled attorney to help you prepare and defend your case is necessary to obtain the best possible outcome.
According to a study from the US Department of Justice, Bureau for Justice Statistics, about 61.5 million residents in the US had at least one contact with police in the year 2018. That is about 24% or one-quarter of the US population.
Under Michigan law, MCL 750.479c, if a person is informed by a police officer that they are investigating a crime, it is illegal to trick or scheme to knowingly and willfully conceal material facts from a police officer or make a false or misleading statement to that police officer about the crime.
However, Michigan Law carves out exemptions to this law, including any of the following:
- Any statements from the victim of the crime;
- Statements from anyone acting under duress from a spouse, boyfriend or girlfriend, resident of their house, or parent of their child;
- Using the right to remain silent under the 5th amendment of the US Constitution;
- Declining to speak about the investigation; or
- The individual believed what they said was actually true or did not know the omitted information.
The penalties for making a false statement to police can be found below:
Crime being investigated | Penalty for false information | Michigan Law |
Serious Misdemeanor | Misdemeanor, punishable by imprisonment for not more than 93 days or a fine of not more than $500. | |
A misdemeanor, that is punishable by imprisonment for more than 1 year OR A felony, that is punishable by imprisonment for less than 4 years | Misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $2,500, or both. |
|
A felony, that is punishable by imprisonment for 4 years or more | Misdemeanor, punishable by imprisonment for not more than 2 years or a fine of not more than $5,000, or both. |
|
Any of the following:
OR Any of the following where the punishment is greater than 20 years:
| Felony, punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. |
|
If you or someone you know is dealing with a charge related to making a false statement to the police, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please feel free to contact us or call (586) 413-7777 at your earliest convenience.