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xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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Recently had an unusual civil hearing for which I was the defendant.

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Recently had an unusual civil hearing for which I was the defendant. The alledged victim started out of the cage with lies during his tesitmony. I was represented and we simply watched his demonstration of lies with absolutely no proof being offered during the hearing.

When break came, I went outside and returned to take the stand when seconds after being sworn in, the decision was made for me to not have to testify because an agreement had been made while I was outside.

Last I heard was the judge say that all orders remain in effect until I receive the final order.

During cross examination, I heard my attorney state moving to impeach the victim and the judge did not seem surprised and acknowledged his move for impeahment. While I believe that impeach exchange had something to do with my not having to testify, I cannot be sure since I was not present. Mr. K..my attorney seemed pleased but did not have time to explain fully and said that I should expect a notice soon. I also saw the DA who indicated that the alleged victim seem to have some real credibility issues or concerns.
What I hate is the waiting since I missed out on what actually happened while I was outside the courtroom. Can anyone make sense of the descript I've given? (Preferabley Hammer O'Justice..) Thanks - also if personal message is accepted, I would prefer to use that
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using Pearl.com. It will be my pleasure to assist you today.

What type of hearing was it? Was it a custody hearing? A hearing for entry of a Restraining Order? A probable cause hearing on a criminal case? etc.

Thanks
Customer: replied 2 years ago.

I believe I should wait until the Manchester doors open tomorrow instead of saying this matter on line. Thank you

Expert:  xavierjd replied 2 years ago.
Good luck.

If you change your mind, I will be more than happy to assist you.
Customer: replied 2 years ago.
Relist: I still need help.
Further, since the date of my question, a FINAL DECISION was made to DENY her DV/Stalking Notice for Civil Damages.

Because I truly had an interest in having my attorney pursue Perjury against this woman, I wanted to know if the following bogus claims she made constituted perjury AND if there is any POSSIBLITY of the State pursuing perjury against her. I know she is a sociopath and had hoped the legal system would have been a perfect venue to expose her by lying under oath.

Specific lies told in court during her testimony are:

1. Her accounts and the police reports DIFFERED tremendously as she added more drama of being chased and I took off in another direction when the police arrived. (IT DID NOT HAPPEN AND WAS NOT REFLECTED IN POLICE RECORDS BECAUSE IT DID NOT HAPPEN).

2. The prosecutor who dropped the stalk charge was present for some reason and he DISPUTED the so called victim's reason when asked why the charge was dropped. She said, due to police error, it was dropped but I know for a fact, the prosecutor would have told her the truth (No Stalking Occured) and, the prosecutor clearly disputed her reason (basically stating the police were incompetent) "due to error"

3. She went on to claim that she was chased through town as she was driving her car and was on the phone with 911 reporting being chased by her stalker through town. (There is no record of this call per my atty at the time). No one at the police department could confirm that a 911 call was made by her (PLUS MY ELECTRONIC TRAVEL RECORD SHOWS THAT I WAS NOT IN THE STATE AT THE TIME OF HER CLAIM OF BEING CHASED).

With those 3 clear mistatement of facts or plain lies while under oath, I am curious to know how to find out if she could or would be processed for perjury since she clearly lied about everything (but especially items 1-3 above)?

Would it be proper or acceptable to inquire the county attorney's office to inquire on this BECAUSE I would love to know if justice really means anything or is it okay for people to blatantly lie under oath. If the latter, I am forever disappointed in our legal system of justice. While I am pleaed with the dismissal of her bogus charges (3rd one this summer. Her bogus claims during this summer were:
1. DV filing 1 month after I kicked her out of my home (ordered: no credible threat - dismissed)
2. Complaints to the police of stalking and hacking - dismissed (Led to Stalk Arrest - Dropped)
3. Bogus DV Civil Stalk claim (filed even though charges were dropped by DA)

Because this alcoholic, sociopathic liar has filed so many claims against me this summer, I would love to know if the legal system here in NH takes seriously those persons who lie under oath and if they are in fact challenged by way of a hearing?

Anyway out there have real responses?

1. Are courts, judges serious about clear perjury?
2. What is an appropriate approach, if any, to find out if she is being considered for perjury?
3. How many times can she continue to file bogus reports (I've received calls from troopers because she claims I make gestures to her while driving down the highway, going in different North / South directions, mind you)
4. Do courts only care if the woman makes complaints and seek to verify her claims only?

This woman needs to be sanctioned for blatanly lying and trying to steal a monetary award through her manipulation. Sorry so long but my faith in the legal system has taken a dent due to many lies that are in the final order (background section).

Thanks
Expert:  xavierjd replied 2 years ago.
Hi Willie,

First, I am glad that the Stalking claim was dismissed.

The Courts are very serious about perjury. However, due to the separation of powers (between the executive, judicial, and legislative powers of government), the Court cannot ORDER the police or prosecutor to prosecute someone for perjury. The police must investigate the claim and present it to the prosecuting attorney (whether it is the city attorney or the state prosecutor). If the prosecutor decides that it can prove the case "beyond a reasonable doubt," then in can choose whether or not that it wants to authorize a warrant for perjury.

Historically, womens complaints about stalking/abuse were taken more seriously than those of mens complaints. HOWEVER, that has changed. Police now take mens complaints just as seriously as they do womens, and the prosecutor now looks at the charges (not the sex of the person) to decide whether charges should be authorized.

She cannot continue to file bogus reports and charges. Actually, the prosecutor can choose to file charges against her for: 1) filing false police reports, and 2) perjury if she is proven to have lied on the stand about something pertinent to the case.

It can be difficult for ANYONE (woman or man) to get the police to seek charges for filing a false report and/or for perjury. For some reason, it has been said that "it is not worth pursuing the charges" because it will cost more than it is worth." Why? I can't tell you.

Because there have been SO MANY bogus complaints and even criminal charges brought against you that have been dismissed, you need to REALLY sit down with the city attorney and/or state prosecutor about ALL of the false charges that have been brought against you AND how she has perjured herself on several occasions. The city attorney/prosecutor can order the transcripts of the hearings (you don't need to because it will cost you a lot of money and the prosecutor can order them for free). S/he can go over the transcripts and the police reports that she made and decide whether her statements meet the criteria for perjury.

You can get copies of ALL police reports made against you, and request ANY 911 calls made by her against you from the state troopers. You can also get a copy of the order of dismissal of the criminal charge of stalking and the civil stalking charge.

You can then request a meeting with the city attorney/prosecutor. You can take ALL of those documents to the meeting. You need to be VERY NICE to the prosecutor and beg that he do SOMETHING to make her stop! You can request that he file charges against her for making a false police report and/or for perjury. You can indicate that her behavior WILL NOT STOP unless some type of action is taken against her by the prosecutor. You can further state that her bogus charges are costing you A LOT of money (loss of work, attorney fees, etc.) and that YOU are the one who will have to try to get the arrest and charge segments removed from your record. She HAS TO BE STOPPED. If she is not, she is wasting the time and resources of the police, prosecutor and court. It is OBVIOUS that she continues to file bogus charges and that she will continue to do so until something happens.

It is possible that after your meeting with the prosecutor that charges may be brought against her. You may also speak to YOUR personal attorney as to whether there is any civil action that may be brought against her.

Again, I am glad that the most recent complaint against you was dismissed.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

What are your options now?

If you wish to continue this conversation, click on the Reply tab.
If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

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"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks

Customer: replied 2 years ago.


Thank you for your honest response. As a law abiding, single parent to an 8 year old who works hard to instill community responsibility and personal character, I just feel like the system is less than perfect.


 


I believe the final order took into account her previous complaint filings and; since the prosecutor assigned to the Stalk charge was the one and same prosecutor that told her the case was dropped due to "No Criminal Activity" and; was the very same prosecutor sitting in the hearing, listening to my ex's false testimony, stating dropped due to police error. I happen to know that this same prosecutor assigned HAD TO Communicate to my fake victim why charges were dropped. I would consider that lie as material in trying to convince the judge that she was stalked but; due to a technicality and so on and so on.


 


I guess I expected the assigned prosecutor to be shocked and; by being a dedicated public servant, appointed to uphold the law for everyone in thier jurisdiction, would be outraged that her direct verbal communication to this fake victim about dropped charges, would be enough for her to clearly see that she was lying under oath for her personal vindication and gain.


 


Also, we requested 911 records and knew beforehand, that none existed because she did not call but stated in her written claim and then repeated it verbally under oath. Again, my atty inquired and we all know that i was not in town at the time she claims the chase scene occurred.


 


Though I saw the prosecutor the very next day in court while I was applying for annulment, a brief exchange occured where she stated the victim has some real credibility issues. To me it suggested she was clearly aware that she perjured herself on several occassions. My hope or preference would have been that she, as the prosecutor with first hand knowledge of deceit under oath, would pursue without my request.


 


If I must, myself, make a visit to the county office to lodge my own complaint, then I have learned something this evening. Thank you!


 


I would expect a prosecutor to pursue and not take a minute off for clear, obvious criminal acts which I beleive she has done, especially during the last, final hearing order.


 


Thanks again for your professional opinion.


 


 

Expert:  xavierjd replied 2 years ago.
Hi Willie,

Thank you for your kind words.

Our judicial system is the best in the world. However, that does NOT mean that there are not persons who are wrongly convicted, that there are cases that fall through the cracks, and that cases that should be prosecuted are not. However, hopefully any mistakes made during the criminal/civil are corrected through the appeal process. And, now, because of the technological breakthroughs (such as DNA) persons who have been wrongly convicted are now receiving new trials and being found not guilty, or are otherwise released.

Each case should be evaluated on its own merits and given equal treatment when it comes to prosecution. However, given the financial restraints placed on the prosecutor's office, the most grievous cases seem to be given priority. But, that does NOT mean that your case isn't grievous. Again, you should meet with the prosecuting attorney.

None of the legal matters (whether civil or criminal) are good for the children. Children are VERY bright and they KNOW when the relationship between parents or step parents are strained. Things may be said by one parent about the other and the children must deal with the fallout. It is unfortunate but true. That is another reason why you should tell the prosecutor that your case needs to be given priority. And, if she does have mental health issues, you don't know what she will do. She may become violent, and unless she is stopped now, her actions may progress.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

What are your options now?

If you wish to continue this conversation, click on the Reply tab.
If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.


Thanks again! Though this woman resided in our home for 4 years and never paid a dime, in fact; she filed bankruptcy at year 3 and listed myself as a creditor in her chapter 7 so that she would not have to pay.


The best part of the situation is that she is NOT my son's mother and for that I am very greatful though her own grown children show signs of being unusual adults, I fortunately do not have to deal with them either.


 


I would just like to know and see whether the law means what it stands for, especially when testifying under oath.


 


I do have copies of all cases and a copy of all available discovery documents as well. With that, I will contact to County to inquire and express my concerns of her bogus filings and deliberate manipulation of our legal system. Initially, I planned to wait until she filed another complaint but fearing she may get lucky with a sympathetic officer, I perhaps should not wait.


 


Additionally, I agree, we do have the best judicial system in the world and thankfully, there are fact checkers and processes to question decisions, I guess I just felt dented with belief and acceptance of a system that would allow one to come in, swear on the bible and then manipulate the entire legal process with hopes of securing a personal vendetta by using law enforcement, judges, and the legal system as a whole. I believe her welcome has been worn by the local police department so my last contact has come a State Trooper whose telephone number and inquiry I retained on my phone.


 


I do thank you and rate your honest, experienced reactions as highest possible.


 


Thanks again for the tip on connecting with the proper office.

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