You Have the Right to Remain Silent. But Do You Have the Right to Lie?

It’s a tense situation: a Nassau County police officer is asking you questions. Your heart is pounding, and you’re worried about saying the wrong thing. In the heat of the moment, a small lie might seem like the easiest way to end the conversation and de-escalate the situation. But is it a crime to lie to the police?

The short answer is a resounding yes. While you have a constitutional right to remain silent, actively providing false information to law enforcement on Long Island can lead to serious criminal charges. Here at Hochhauser Criminal and DWI Defense, we’ve seen how a simple falsehood can spiral into a complex legal battle with lasting consequences.

It’s Not Just One Crime: How New York Penal Law Addresses False Statements

Lying to the police isn’t a single, catch-all offense. Instead, the Nassau County District Attorney’s Office can charge you under several different statutes depending on the specific circumstances. The most common charges include:

1. Falsely Reporting an Incident (Penal Law § 240.50)

This is one of the most direct crimes related to lying. You can be charged with this Class A Misdemeanor if you knowingly provide false information to law enforcement about a crime or incident that didn’t actually happen.

• Local Example: Imagine you have a dispute with your neighbor in Mineola. To get them in trouble, you call the Nassau County Police Department and falsely claim they threatened you. Not only could this land you in jail for up to a year, but it also wastes valuable police resources that could have been used for genuine emergencies.

2. Making a Punishable False Written Statement (Penal Law § 210.45)

This crime occurs when you knowingly provide a false statement in a written document that bears a notice stating that false statements are punishable. This is also a Class A Misdemeanor.

• Local Example: After a car accident on the Meadowbrook Parkway, you file a written report with the police. In the report, you deliberately lie about the other driver running a red light to ensure their insurance takes the blame. If that statement is proven to be a deliberate lie, you could be prosecuted.

3. Obstructing Governmental Administration (Penal Law § 195.05)

This is a broader charge, but it frequently applies when lies interfere with an active police investigation. If you intentionally try to prevent a public servant (like a police officer) from performing their official duties by means of an “independently unlawful act” (like lying), you can be charged with this Class A Misdemeanor.

• Local Example: The police are investigating a burglary in a Garden City neighborhood. They ask if you saw the suspect, who you know is hiding in your garage. You tell the officers you saw the suspect run down the street in the opposite direction. This lie directly hinders their investigation and could lead to an obstruction charge.

The Best Policy: What You Should Do When Questioned by Police

The law is clear: you cannot lie. So what should you do? The answer is rooted in your Fifth Amendment rights.

1. Remain Calm and Respectful: You do not need to be aggressive or rude. Simply state that you are exercising your rights.
2. State Your Name: In most cases, you are required to identify yourself.
3. Assert Your Right to Remain Silent: You can clearly and calmly say, “Officer, I am exercising my right to remain silent, and I will not be answering any questions.”
4. Do Not Consent to Searches: Police may ask to search your car, your home, or your person. You are not obligated to consent. You can state, “Officer, I do not consent to any searches.”
5. Ask for an Attorney: The most crucial step. Say, “I want to speak with a lawyer.” Once you invoke this right, questioning should cease until your attorney is present.

How a Nassau County Criminal Defense Lawyer Can Help

If you made a mistake and told a lie to the police, it’s essential not to make the situation worse. Trying to talk your way out of it often digs a deeper hole. The moment you are accused of providing false information, you need experienced legal counsel.

At Hochhauser Criminal and DWI Defense, we provide aggressive and strategic criminal defense for clients across Nassau County. As a former prosecutor, Richard Hochhauser understands how the other side builds its case and knows how to challenge the evidence against you. We will:

• Thoroughly investigate the circumstances of your interaction with the police.
• Determine if the police acted lawfully and respected your rights.
• Work to get the charges reduced or dismissed entirely.

Being accused of a crime of dishonesty can have a devastating impact on your reputation and future. Don’t face it alone.

If you have been charged with a crime after speaking with the police in Nassau County, contact us immediately for a free, confidential consultation. Call us 24/7 at (516) 939-1529 or fill out our online contact form.