Falsely Reporting a Crime (Penal Code 148.5)

This charge usually appears at the end of a story rather than the start of one. Two people call the police about the same incident, the accounts conflict, and an investigation concludes that one of them was knowingly false.

What the statute requires

Penal Code 148.5 makes it an offence to report to a peace officer, a prosecutor, or other specified official that a felony or misdemeanour has been committed, knowing the report to be false. The knowledge element does the work: being mistaken, confused or wrong is not the same as knowingly false, and that distinction is exactly what a defence lawyer addresses.

It is a misdemeanour.

Where it usually comes from

• Domestic disputes where both parties called police — see domestic violence.
• Property claims later alleged to be fabricated, which can bring fraud allegations alongside.
• Vehicle reports, where a report of theft is disputed — see vehicle theft.

The far more serious neighbour

Do not confuse this with dissuading a witness under PC 136.1, which addresses preventing or discouraging someone from reporting or testifying. That is a wobbler, can involve force or threats, and appears among the serious felonies listed in Penal Code 1192.7(c). Pressuring someone to retract a report is a different and much graver allegation than making a false one.

What it means for bail

On its own, a misdemeanour usually defaults to release on a notice to appear under Penal Code 853.6 — see cite and release. What turns it into custody is the usual list: an outstanding warrant, a probation or parole hold, or additional charges from the same incident.

Working out the amount, and what can change it

The figure comes from the countywide schedule Penal Code 1269b requires each county’s judges to adopt and revise annually. A judge may raise bail under 1269c, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice and we cannot predict how any case will be charged or resolved. California bail license 1841014.