It's an interesting question because, sometimes, lying to the police is a crime, and at other times, it's not.  The bottom line is, if the police are trying to question you for some sort of crime they might think you're involved with, you shouldn't be talking to them.

Any attorney will advise you against it.  Lying to the police won't help you, nor will it outsmart them.  At best, you'll provide your side of the story, which the prosecutors can use against you.  Remember, you're a target.  The police are trying to build a case against you.  Moreover, your words can be twisted, and you might end up harming your defense.

Don't Talk to Police

So, first and foremost, don't talk to the police. However, if you lie to the police, it's not necessarily illegal.  They're trying to ask you questions.  The police lie to people all the time, and there's nothing wrong with that, so if you lie back to them when they're asking you questions about a crime, you may or may not have been convicted.

I do not see that as a crime, unless you're in a federal jurisdiction where they're trying to claim that you're obstructing justice, which, again, is a difficult thing to prove.

Where it is a crime to lie to the police if you call the police up and you make a false police report, now you're putting the police in action, and you're telling them things.  You're wasting their time.  You're wasting community resources, and the bottom line is that's going to be a crime.

So, it really depends on the circumstances of the conversation, whether or not lying to the police is or is not a crime.  And it's essential that if you're in a position where you've made statements to the police. You are concerned that you're going to be arrested or you've already been arrested and charged with Penal Code Section 148.5, for example — which has to do with lying to the police, filing a false police report, and those types of crimes — you're going to need to get to a criminal defense attorney.

Case Review to Determine Best Defense Strategy

When you consult with an attorney, it's crucial to be honest.  Start by stating the issue clearly: '  This is what they're accusing me of.  Here's what I actually did.  How can you help me?  ' This approach is more effective than defending what they're claiming you did wrong.

I don't really have anything to attach it to at that point.  I'm going to be shaking my head, going, alright, why are you telling me this?  Why are you telling me that?  First, please tell me what they're claiming you did wrong, and we'll investigate and resolve the issue. Next, we will discuss exactly what happened, some of your potential defenses, and begin taking steps to protect your rights, reputation, and liberty.

So, when it comes to lying to the police, a clearer answer may be warranted.  At other times, I see lying to the police as a problem, which is what we call obstruction of justice. Obstruction of justice is a serious offense where you're trying to block the police from doing their job, such as diverting them onto some tangent while they're trying to make an arrest or collect evidence during an investigation.

For instance, if you're trying to divert the police's attention while they're trying to make an arrest or collect evidence during an investigation, that could be considered obstruction of justice. Often, I see obstruction of justice charges being filed against federal criminal defendants.  Very rarely am I seeing that charge at the state level.

It's a question of fact whether or not lying to the police is or is not a crime, but it could be a situation where you're helping the police prove a crime against you.  So, you lie to the police when they ask you about whether or not you were involved in some sort of criminal activity; they then get some information and evidence against you that shows that you're lying, and that's going to help them prove the case against you.

Because they will be able to show a jury that this person is lying, he's telling the truth.  He has a consciousness of guilt.  He knows he did something wrong, and that's why he lied to us; therefore, he's guilty of the crime for which we're charging him. This can significantly impact the jury's perception of your innocence or guilt.

So, the implications of lying to the police can be severe, underscoring the gravity of the situation. It's crucial to seek legal guidance.  Refrain from discussing your situation with the police or anyone else.  Let your attorney lead you through the process and help you navigate it safely.