Did this Sixers’ Kelly Oubre, Jr. make a false report to Philadelphia Police? Is it a crime and how serious is it?
Recently, Philadelphia 76ers’ player Kelly Oubre Jr. reported to police that he sustained serious injury following an alleged hit and run in Center City Philadelphia. Police continue to investigate the incident but have yet to recover an video which corroborates his story. While Oubre has maintained his account of what occurred, members of various media outlets have begun to question why police can not piece together at lease some evidence of the incident given street cameras and other video recording devices in the area at the time it allegedly occurred.
There is no doubt that this story now has some traction and it is unlikely that the media will let it go until there is a final report as to what occurred. If it turns out, that for some reason, that Kelly made some false claim to police, many have asked, could he face criminal charges? The short answer is yes!
Filing a False Report Is a Crime!
In Pennsylvania, a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree. While this is not a felony charge, it is still nevertheless a serious criminal charge. If the police investigation reveals that Oubre did make a false report, they could charge him.
If Oubre was charged with this misdemeanor offense, however, it is unlikely that he was face any jail even though the maximum sentence for an M2 crime in Pennsylvania is 2 years of state prison! It is also unlikely that he would be put on probation. A likely result would be that Oubre would qualify for a criminal diversion program such as Accelerated Rehabilitative Dispositions (ARD). He likely has no criminal history and no prior contacts with law enforcement. These are usually the primary criteria for entry into these criminal diversion programs.
Mandatory ARD conditions include the following:
- a period of supervision by Adult Probation and Parole office
- courts costs,
- waiver of the appropriate statute of limitations and right to a speedy trial under any applicable Federal or State constitutional provisions, statutes, or rules of the court during the period of enrollment in the program.
- DUI-ARD participants must complete a CRN evaluation prior to ARD placement and sentencing.
- Discretionary conditions can include other rehabilitative tools like anger management or community service.
- ARD is for a period of six (6) to twenty-four (24) months.
What happens if you don’t complete the ARD program
If successful, the charges are withdrawn and ARD participants can have the criminal history record information expunged though an automatic process initiated by the First Judicial District, or file an expungement petition with a copy of a completion letter provided by their probation officer. If an ARD participant is arrested and/or convicted of a new criminal offense or fails to satisfy all ARD conditions imposed, then the participant is entitled to a hearing where participation may be terminated and the charges taken to trial.
The ARD Process
Step 1: Request ARD Consideration
- Your criminal defense lawyer most cases need to ARD request consideration for ARD. If the case is with a special prosecution unit like Economic Crime or Family Violence/Sexual Assault, the request must first be made to the special prosecution unit.
Step 2: ARD is Offered
- The District Attorney’s Office’s Diversion Unit conducts an individual review for every ARD request. The review includes an FBI background check, Police Arrest Report, and if provided, any mitigating information. On occasion, the Diversion Unit contact your criminal defense lawyer for additional mitigating information or verification of information provided.
- If you are accepted into ARD, the DA will contact your defense lawyer with the proposed terms and conditions.
Step 3: You are Admitted into the ARD program
- Once you execute the ARD agreement, it will be filed with the First Judicial District and it will schedule an admission’s date. Your attorney will provide the court date to you.
- On the court date, the Judge will make the final decision to enter an applicant into ARD. Approved cases are connected to Adult Probation and Parole Department (APPD) to begin the ARD program. Rejected cases are given a trial date.
Step 4: Complete ARD
- ARD is completed when the participant provides proof of completion of their conditions, full payment of costs, and completion of supervision time. APPD provides a successful completion letter and the case is eligible for automatic expungement. In some instances, ARD can be successfully completed early through the completion of conditions and payment of costs.
- If the participant violates ARD conditions with a new arrest, a hearing will be scheduled to determine if the participant should remain in ARD or be removed and listed for trial. If the term of supervision ends before the participant completes all the terms, a hearing will be scheduled to determine if the participant should be allowed to complete the terms or if the case will go to trial.
Never assume that you are not eligible for the ARD program. In addition, never accept the ARD if you have not discussed all of the elements of the offense or crime of the criminal charge.
There is still so much more to piece together in this investigation but if Kelly did make a claim statement, the next question is why would he do it? In addition to any criminal prosecution, it is likely would also face discipline from the NBA. This could result in game suspensions and fines. He could lose a substantial amount of money in salary in addition to losing potential endorsement deals.
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