Giving False Information to Police in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the Law Says

Florida's statute makes it a crime to knowingly and willfully give false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation, with the intent to mislead the officer or impede the investigation.

• Penalty: first-degree misdemeanor, up to 1 year in jail and a $1,000 fine.
• Felony version: if the investigation involves a missing child 16 or younger, and the child suffers great bodily harm, permanent disability, permanent disfigurement, or death, it is a third-degree felony, up to 5 years in prison and a $5,000 fine.

What the State Must Prove

Instruction 21.15 lists five elements. In summary: (1) the officer was conducting a missing person investigation or a felony criminal investigation; (2) the person was a law enforcement officer; (3) you knew that; (4) you knowingly and willfully gave the officer false information; and (5) you intended to mislead the officer or impede the investigation. See the elements.

Instruction 21.14, for the felony version, adds that the missing person was a child 16 or younger and that the child suffered great bodily harm, permanent disability or disfigurement, or death. See the elements.

Related Charges

• Giving a false name. A person who has been arrested or lawfully detained and gives a false name, or otherwise falsely identifies himself or herself, to an officer or jail staff commits a separate crime. See Resisting Arrest.
• False police reports. Reporting a crime that never happened, or giving false information about a crime, falls under different laws. See Filing a False Police Report.

Common Miami Scenarios

• Telling detectives a relative "wasn't here" during a felony investigation.
• Giving a wrong story about who had a car or phone.
• Answering questions about a missing family member during a stressful search.

How We Defend These Charges

• Was it a felony investigation or a missing person case? The statute covers only those two. A misdemeanor investigation does not qualify.
• Was the statement actually false? A mistake, a guess, or "I don't know" is not the same as a lie.
• Did you know it was an officer? Plainclothes detectives and phone calls raise this question.
• Intent. The State must prove you meant to mislead or impede, not just that your answer turned out wrong.
• Silence. The statute punishes giving false information. Staying silent and asking for a lawyer gives none.
• Your statements. How the questioning happened may affect what the State can use. See Motions to Suppress.

What to Do First

1. Don't answer more questions. Say you want a lawyer.
2. Don't try to "fix" the story by calling the detective back.
3. Write down what you were asked and what you said, and when.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is lying to the police always a crime in Florida?

Not under this statute. It requires false information given knowingly and willfully, with intent to mislead or impede, to an officer conducting a missing person or felony criminal investigation. Other laws cover false names and false reports.

Do I have to answer a detective's questions?

You can say you want a lawyer before answering. Staying silent is not giving false information.

Is giving false information a felony?

Usually it is a first-degree misdemeanor. It becomes a third-degree felony in a missing-child investigation where the child suffers great bodily harm, permanent disability or disfigurement, or death.