I am a married woman with 2 kids and a homemaker. I witnessed an incident at school involving my daughter and a teacher. I was asked by the school to give my written statement as to what I saw. I agreed to the request and turned in to the pricnipal my unsigned statement. After some appeals up towards the school superintendent, the school finally removed my daughter from the teachers class and stopped escorting me through the school, although the apology to my daughter was denied. My statement does not match what the school has on video. The teacher has now called in the police, which as a law abiding citizen, I went in to give a statement not knowing that I was stepping into the fire. The city police has charged me with giving a false statement/document and concealment of facts to a government office/official. My daughter is 6 yrs old and when she walked away from the teacher at the time of the incident she was crying and scared. My intention was not to get the teacher fired or no other malicious intent was involved other than to protect my daughter and her well-being. I have hired an attorney, spent nearly 8 hours already in a holding cell, processed in and bonded out. I turned myself in per my attorney's suggestion earlier than requested. I go to church and have a great respect for our community officers and the ones who hold authority positions. I do not know what to expect in this situation as I have never been in trouble with the law up until now. I am 37. What can I expect as my sentence or will the superior court look upon this as possibly a total misunderstanding and drop the case? Am I looking at major jail time for this as this is my first offense, felony. I do not smoke, use drugs, and only drink a glass of champagne her and there as a toast to some holiday or celebration and rarely do I finish the glass. I am the designated driver of my household. I am super scared about what will happen to my kids if their mother has to serve prison time or worse. Please help.

Hello s:

I don't think they'll send a first time offender mother to the slam for lying on a piece of paper.

I'd be worried about the civil suit to follow.

excon

I agree with Excon - I don't see you going to jail but I wouldn't be surprised if you were placed on probation. Lying to the Police is taken very seriously.

Just so I understand - you filed a false (although unsigned) Affidavit?

Yes, I can see a civil suit being filed by the teacher and perhaps the School District.

You have an Attorney - you don't believe what he/she says?

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The city police has charged me with giving a false statement/document and concealment of facts to a government office/official.

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As the others have pointed out, I seriously doubt that you'll end up in jail over such a charge. Also as pointed out, a civil suit is a very real possibility, especially if the teacher in question suffered any negative repercussions as a result of all of this. I have to wonder, if you "witnessed" the incident in question, why is there such a discrepancy between your written statement and what the school has on video?

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Originally Posted by s_cianci

As the others have pointed out, I seriously doubt that you'll end up in jail over such a charge. Also as pointed out, a civil suit is a very real possibility, especially if the teacher in question suffered any negative repercussions as a result of all of this. I have to wonder, if you "witnessed" the incident in question, why is there such a discrepancy between your written statement and what the school has on video?

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Yes I was present at the time of this incident and within a foot of the incident as I was having a discussion with the teacher. I have NEVER seen the video. I turned myself in on Friday because of the warrant out and bonded out. Now, even though I turned myself in, my Miranda Rights were never read to me the entire time I was in the holding cell. I walked in, told them who I was and they had to go searching for the warrant. Then they tried to process me under someone else's file, then I went in and got finger printed, and photograghed and got my phone call. Not once did anyone there say the Miranda Rights to me. Granted I and most everyone know what they are but Ithought they had to read them anyway.

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Originally Posted by scaredinga

but Ithought they had to read them anyway.

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Hello again, s:

You thought wrong. They only have to read them to you if they plan on questioning you and using what you say in court.

You went in earlier to give a statement. THAT'S when they should have read Miranda to you. IF they didn't, you can get that statement thrown out... That's good, because it's THAT statement that's the basis of the charges...

Don't talk to the cops anymore, and ask for a lawyer every opportunity you get... As a matter of fact, I'd call the PD's office, or if you have money, hire one yourself.

excon

PS> (edited) Ok, it's not THAT statement... It's the one you gave to the school...

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Originally Posted by scaredinga

once did anyone there say the Miranda Rights to me. Granted I and most everyone know what they are but Ithought they had to read them anyway.

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You need an Attorney - you don't understand how the legal system works and that misunderstanding could cost you in the long run.

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Originally Posted by excon

Hello again, s:

You thought wrong. They only have to read them to you if they plan on questioning you and using what you say in court.

You went in earlier to give a statement. THAT'S when they should have read Miranda to you. IF they didn't, you can get that statement thrown out... That's good, because it's THAT statement that's the basis of the charges...

Don't talk to the cops anymore, and ask for a lawyer every opportunity you get... As a matter of fact, I'd call the PD's office, or if you have money, hire one yourself.

excon

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My daughter, 6 yrs, is stating still after more than a month that the teacher did grab her. I do understand that young children tend to say things, but her reaction after the incident and the fact that she states the same thing I am, what bearing does this type of information coming from a young child hold in court.

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Originally Posted by scaredinga

My daughter, 6 yrs, is stating still after more than a month that the teacher did grab her. I do understand that young children tend to say things, but her reaction after the incident and the fact that she states the same thing I am, what bearing does this type of information coming from a young child hold in court.

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Basically none because children are so easily led - and mislead. Would you involve your 6-year old in this, have her go through the Court proceeding which appears to have you very worried and you are an adult?

The more you post the less I understand about what happened - first, you are charged with a felony. That's a heavy charge.

Secondly, how did you file a false Affidavit? If your statement is what you saw (or think you saw, and that happens all the time) I don't understand how/why you were charged.

I would also be worried less about what the Police are going to do because you've received a lot of good advice there and more worried about what the teacher/School District are going to do. Have you discussed this with an Attorney and your homeowners insurance so you are prepared if you get sued?

I very much doubt that homeowners would cover either your legal costs or a judgment (if the opposition wins) but I have seen "clever" Attorneys phrase these things so that insurance coverage is at least a possibility.

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Originally Posted by JudyKayTee

Basically none because children are so easily led - and mislead. Would you involve your 6-year old in this, have her go through the Court proceeding which appears to have you very worried and you are an adult?

The more you post the less I understand about what happened - first, you are charged with a felony. That's a heavy charge.

Secondly, how did you file a false Affidavit? If your statement is what you saw (or think you saw, and that happens all the time) I don't understand how/why you were charged.

I would also be worried less about what the Police are going to do because you've received a lot of good advice there and more worried about what the teacher/School District are going to do. Have you discussed this with an Attorney and your homeowners insurance so you are prepared if you get sued?

I very much doubt that homeowners would cover either your legal costs or a judgment (if the opposition wins) but I have seen "clever" Attorneys phrase these things so that insurance coverage is at least a possibility.

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My biggest concern is what may happen to my kids if I do get a felony on my record. The littlest one has medicaid and I wouldn't be able to keep her on that. My oldest one, who has a different father, is on his insurance. I do have an attorney, but I haven't talked to him in detail on anything since Friday afternoon when I turned myself in. You are roght in saying I have been given good advice, but considering I have never been in trouble with the law, this entire process has me totally panicked and scared. I try to do the right thing and be respectful to officers and teachers.

I do not know what was/is on the video but I was asked to make a statement about what I saw, not what I thought was on the video. That being said, and to thicken the plot, I found out that my best friend's friends husband used to date the teacher that is pursuing the charge and the teachers father (RIP) served as the Chief Superior Judge in the county I am in. She is what's considered a local and I have only been here about a decade give or take a year. The entire situation just keeps getting more confusing to me the more into it I get. I just don't want my kids hurt or messed up because of this.

I do really appreciate everyone's advice and help here, it has opened my eyes to some of the crooked procedures used and calmed some of my fears, but not all.

I STILL don't understand if you gave a statement concerning what you saw OR what your daughter told you why you were criminally charged, particularly with a felony.

People give "this is what happened" statements that are wrong all the time - no criminal intent, it's just that they don't remember, other people mislead them, after a while they add to the truth.

So I'm confused.

What was the crooked procedure? Are you saying you were somehow framed?