How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90160
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

A criminologist testified in a case about the level of THC

Resolved Question:

A criminologist testified in a case about the level of THC in a persons blood would cause intoxication. The defense did not have an expert to refute testimony. After conviction a relative of the defendant has found that the Criminolgist's statement is not consistent with any availabe scientific studies. Can this person be charged with lying under oath? How can one find out who certifies this person to perform test and testify? He has to be approved by someone. The defendant at least wants to go to the accrediting authority and let them know what this person said under oath?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Whether or not to charge any witness with perjury (lying under oath) is solely at the discretion of the court and the DA. Thus, if you can prove in court that the witness intentionally lied in their testimony, knowing it was a lie when they testified, then it is up to the court to either charge them with perjury or refer the case to the DA to decide on whether or not to charge him with perjury. Keep in mind, that as Oklahoma is a "zero tolerance" state for any drugs including controlled and illegal substances, all the state has to prove is the presence of THC in the system, they are not required by law to prove the actual effects of that amount of THC in order to get a conviction because the Oklahoma law sets no such limits.

Actually, believe it or not many lab personnel and criminologists are not certified by any state agency at all, they merely have to have a degree and/or training in conducting the testing.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 1 year ago.

So I would have to bring my charges to the same DA that called in the drug expert to testify for them. Is that correct? Could a person bring his complaint to the attorney general instead of the DA or at least after he was turned down by the DA?


I have been made aware that Oklahoma is not a zero tolerance state. I checked to OSCN web site to see the requirements to be convicted of DUI. In Oklahoma to be convicted of Driving under the influence of an intoxicant other than alchohol (and marijuna is listed among the different drugs), one of the elements is that a person must be proven to be under the influence of the intoxicant, not just have some in his system.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I apologize for the misstatement, as the zero tolerance is for a minor under the influence, not an adult. You are correct in that they have to prove under the influence and some level of impairment. Thus, the expert testimony would have contradicted the state's alleged expert.
Customer: replied 1 year ago.

You said "..Thus, the expert testimony would have contradicted the state's alleged expert." I am confused by this statement. The defendant did not have a drug expert to refute prosecution expert at trial but after conviction and being incarcerated a relative found out from a drug expert that the prosecution's expert testimony was not in line with any scientific data on this subject. This is why the defendant and family are wanting to know if the lying expert can be charge with lying under oath. You explained it was up to the DA or the Court to charge him. So my question on the last post was would the defendant have to go through the same DA that hired this expert in the first place? We know what that outcome is going to be. They are not going to charge him. So there must be some other way. Is it possible to take this to the state attorney general? I have heard you can even file a complaint against the DA with the state attorney general.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the response.

Your argument on appeal is not just their criminologist improperly testified, but that the public defender program would not pay for him to get his own criminologist or toxicology expert to testify that there was no influence at the low levels of THC he had in his system.

In order to counter the State's expert, you had to put on an expert to contradict him and explain the scientific studies and evidence on the subject. Once you do that, then you have to prove that the state's expert knew that this was the case and testified to the contrary intentionally in order to have a case of perjury against the expert.

You have to present actual evidence he knowingly lied under oath and then it is up to the court to find perjury or refer it to the DA. The defendant, if the DA refuses to entertain the perjury case, can go to the Attorney General for review of the case, but you have to present them the court testimony and proof that the testimony was contradicted AND that the state's expert actually knew that his testimony was false when he gave it.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90160
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.