What is it called? (if anything)

[arosado1970]

What is the name of your state?North Carolina

What is it called if you have been arrested and the allegations made against you were knowingly false and you have proof to that affect?

Situation is that a friend was arrested for things he did not do (with proof that he did not do these things). Soon to be ex decided to file these unsubstantiated charges which caused him to be arrested? She and her mother both lied on the forms that they filled out and signed for the arrest. This was in the middle of 2003. He has the proof he needs to show that there was no way that they could have been "only mistaken". DA dropped the charges because of lack of evidence. Can he file his own charges of her and her mother making false statements to the system? Thanks in advance!

 

[Obnoxious1]

What is the name of your state?North Carolina

What is it called if you have been arrested and the allegations made against you were knowingly false and you have proof to that affect?

Situation is that a friend was arrested for things he did not do (with proof that he did not do these things). Soon to be ex decided to file these unsubstantiated charges which caused him to be arrested? She and her mother both lied on the forms that they filled out and signed for the arrest. This was in the middle of 2003. He has the proof he needs to show that there was no way that they could have been "only mistaken". DA dropped the charges because of lack of evidence. Can he file his own charges of her and her mother making false statements to the system? Thanks in advance!

Wait for someone with a better understanding to come along.

What proof does he have that they lied and that they did not hold an honest belief that what they said was true? In some instances it is easy to prove that the statements made were not true but it can be very difficult to prove that the person making the statements did not have an honest belief in what they were saying. Having the charges dropped is not proof that they knew their statements were false. The statements being factually incoorect is not the same thing as proof that they did not believe their statements to be true.

As far as what it is called it will depend somewhat on the specifics involved. It could be perjury, it could be obstructing justice or a type of conspiracy charge. It could be nothing at all.

As I stated in the beginning you should wait for someone with a better understanding to respond. I'm still learning.

 

[JETX]

DA dropped the charges because of lack of evidence.

More than likely, that is NOT true. Far more likely that the DA dropped the charges because of a lack of SUFFICIENT evidence to support a conviction. That does NOT mean that there was NO evidence that the subject was guilty.

Can he file his own charges of her and her mother making false statements to the system?

If that is truly the case, he can file a 'false report' complaint with the police department. If it is found that they did in fact file a false complaint, he could then pursue a civil claim against them.