what happens when a defendant commits perjury during....?
litigation? when there is proof the defendant is not telling the truth.
- Anonymous6 years agoFavorite Answer
To answer your question in short, and assuming you're speaking about criminal prosecution as your desired outcome...very likely nothing will happen, depending on the type of "proof" you're talking about.
In order to prove "Purjery", one has to demonstrate;
1. The party believed to have commited perjury made the statements under oath or affirmation. (Have to be sworn). This is often the simplest element to prove.
2. In order for an action to be prosecuted, the party or parties alleging the perjury must have the ability to impeach the perjurious statements as a matter of law. The standards can vary by jurisdiction, but most perjury cases I've seen prosecuted WERE prosecuted because of the presence of "hard evidence" such as provably falsified records, audio recordings demonstrating the falsness of their sworn testimony, or some other similar manner of evidence.
3. Perjury is a crime in all jurisdictions, and may be a felony or a misdemeanor depending on the jurisdiction. Therefore a person suspected of perjury is entitled to due process rights, just as any other criminal defendant.
Often, the best outcome one can hope for is that the party harmed by the perjury may be permitted to bring a witness in rebuttal to the perjurious statements. As long as their knowledge is DIRECT, and the rebuttal witness is CREDIBLE, the best outcome may be that the perjurors testimonay can be made less than credible to a jury or judge, leading to a more favorable outcome for the party injured by the perjury. If the perjury is aggregious, and a substantial portion of that persons testimony their testimony can be stricken from the record (in whole or part) and jurors may be instructed to disregard that persons testimony (in whole or part).
Your best bet is to look up the law governing perjury in your area. Most states have their laws available on the internet for free public review. It may take a little digging, but you'll likely find those laws without too much trouble.
Finally, and most importantly...talk to a local attorney, in good standing, in your area and voice your concerns about the perjurious statements, why you think they are and what proof you have that they are. This is DOUBLY true if you have an attorney representing you on the matter affected by the purjery in Court. If you have proof of purjery and you don't make that attorney aware of it, the next piece of paper you get from that firm could well be a Notice of Withdrawal. Whether or not they DO anything with that information, trust them to guide you....that's what you pay them for, but you have an affirmative responsibility to make your attorney aware of any and all information relevant to the matter they represent you on, and not clients not upholding that responsibility tends to irritate attorneys to no end.
I'll reiterate...no part of this response is intended as legal counsel nor should be taken as such. Answers provided are for informational purposes only. I advice in the strongest possible terms that you obtain competent, local, legal counsel holding a license in good standing with your state regarding the subject matter of your question.
Hope this helps,
- Anonymous6 years ago
his life sentence without the possibility of parole and the perjury charge will run concurrent...that means when he is finally on parole for double homoside he will be off paper for the perjury...after he is dead and buried at san Quentin s pauper grave he will not owe a year on the perjury charge