Well in that case no crime
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Originally posted by tvc184 View PostIt is not like a traffic citation or a class C misdemeanor. It is a class B misdemeanor so up to six months in jail and/or up to a $2000 fine.
As such, it has to be prosecuted by the district attorney. I have never heard of a district attorney taking the charges and tying up the courts in such a case. I have filed it for more serious offenses such as information in a shooting, etc.
This is the actual law if you wish to look at it.
Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, LAW ENFORCEMENT EMPLOYEE, CORRECTIONS OFFICER, OR JAILER. (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 or federal special investigator conducting the investigation
As far as being a material statement, it has to be something that could affect the outcome of the investigation. If an officer was investigating a crime and you told him you’re on your way back from fishing and caught a 10 pound bass, unless the bass was part of the investigation, you could lie and tell a fish tail and it would not be a crime.
Is it a crime to lie to an officer during an investigation if the information would hinder the investigation? Yes.
Will the district attorney tie up a county court to investigate and prosecute someone who lies to get out of a traffic citation? I would guess that in nearly 100% of the cases to answer would be no.
So yes, but they don't because DA blows. I know they have better things to do.
It just burns me when people bold face lie to LEO or judges but then are proven 100% dead wrong (like with video) and zero happens to them.
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