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The Law Office Of Caroline Norman Frost | Maryland Criminal Defense Attorney

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Did you lie to the police or did someone else lie to police before they charged you with a crime?

On Behalf of | Oct 14, 2024 | Firm News

In Maryland, the crime of making a false statement to a police officer is governed by **Maryland Criminal Law § 9-501**. This statute makes it illegal for a person to knowingly make a false statement, report, or complaint to a law enforcement officer with the intent to deceive and cause an investigation or other action by law enforcement.

 

### Key Elements of the Statute:

  1. **Knowingly**: The person must know that the statement is false.
  2. **Intent to Deceive**: The false statement must be made with the intent to deceive a law enforcement officer.
  3. **Causing an Investigation or Action**: The false statement must be made to cause or influence an investigation or action by law enforcement.

 

### Penalties:

– A person convicted under this section can be guilty of a misdemeanor.

– The penalties may include imprisonment of up to 6 months, a fine of up to $500, or both.

 

People make false statements to police officers for a variety of reasons, often driven by fear, self-preservation, or a desire to mislead. Here are some common motivations:

 

  1. **Avoiding Punishment**: Individuals might lie to avoid arrest or legal consequences, especially if they believe telling the truth will result in criminal charges, fines, or imprisonment.

 

  1. **Protecting Others**: Some people lie to protect family members, friends, or associates from legal repercussions. They may feel obligated to cover for someone or fear the consequences for their loved one.

 

  1. **Fear of Retaliation**: In some cases, people are afraid of retaliation from criminals or others involved in illegal activity. They may lie to police to avoid being perceived as a “snitch.”

 

  1. **Panic or Anxiety**: People under stress or in panic situations might not think clearly and may lie instinctively, even when there is no rational reason to do so. The fear of immediate consequences can cause them to say something untrue.

 

  1. **Misleading the Investigation**: Some people make false statements to intentionally mislead or derail an investigation, either to protect themselves or someone else or to divert police attention away from the true circumstances.

 

  1. **Mental Health Issues**: In some cases, individuals suffering from mental health disorders may make false statements due to delusions, confusion, or a misunderstanding of reality.

 

  1. **Attempt to Gain Favor or Manipulate**: Some individuals believe that making false claims can lead to personal gain, such as leniency in their own cases or framing someone else for a crime.

 

  1. **Lack of Trust in Law Enforcement**: Distrust in the police or fear of systemic injustice may lead some people to withhold the truth or make false statements, feeling that honesty won’t benefit them.

 

Lying to law enforcement can have serious legal consequences, and people may not always fully appreciate the risks involved when making false statements in these high-stress or emotionally charged situations.

 

In Maryland, if someone is charged with making a false statement to a police officer under **Maryland Criminal Law § 9-501**, they may have several potential defenses depending on the circumstances of the case. Here are some common defenses:

### 1. **Lack of Intent to Deceive**

A key element of the crime is that the false statement must be made with the intent to deceive the officer. If the defendant can show that there was no intent to deceive—perhaps they misspoke, misunderstood a question, or gave incorrect information by mistake—they may have a strong defense. A person may argue that the false statement was made inadvertently or due to confusion, rather than with a deliberate intent to mislead.

### 2. **Statement Was Not Material**

For a conviction, the false statement must be relevant and material to an investigation or action by law enforcement. If the statement in question was not related to any significant aspect of the investigation or did not impact the investigation, this could be used as a defense. The defendant could argue that the false statement did not cause or affect any police action.

### 3. **Coercion or Duress**

If the defendant was coerced or threatened into making the false statement, they may be able to argue that they acted under duress. This defense is based on the idea that they did not voluntarily make the false statement but were forced to do so due to fear of harm or other pressures.

### 4. **Mistaken Identity**

In cases where the police officer misunderstood who made the statement or attributed the false statement to the wrong person, mistaken identity could be a valid defense. The defendant might argue that they were wrongly accused and that someone else provided the false information.

### 5. **Lack of Evidence**

The prosecution must prove beyond a reasonable doubt that the defendant knowingly and intentionally made a false statement. If there is insufficient evidence to prove the falsehood of the statement or the defendant’s intent, this could be a basis for defense. The defense may focus on challenging the credibility or sufficiency of the evidence presented by the state.

### 6. **False Confession**

If the defendant’s statement was coerced or involuntarily given, they could argue that the confession was false. This might involve challenging interrogation tactics, showing that the statement was made under duress, or asserting that the defendant did not fully understand what they were saying at the time.

### 7. **Mental Incapacity**

In some cases, a person may lack the mental capacity to knowingly and intentionally make a false statement. If the defendant has a mental health condition or intellectual disability that affected their ability to comprehend the situation, this could serve as a defense.

### 8. **Entrapment**

Entrapment is a defense in which the defendant argues that law enforcement officers induced them to make the false statement when they otherwise would not have done so. This defense requires proving that the officer’s actions went beyond mere encouragement and actively created the situation leading to the false statement.

Each defense strategy would depend on the facts of the case, and legal counsel would evaluate which defense is most appropriate based on the circumstances.