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 rvlaw Your Own Question

rvlaw
rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
3071004
Type Your Criminal Law Question Here...
rvlaw is online now
A new question is answered every 9 seconds

The Statute of limitations for perjury in the state of Colorado

Resolved Question:

The Statute of limitations for perjury in the state of Colorado is apparently three years. However I read in a news article recently that this SOL begins once the crime is "discovered". The excerpt in question reads: "Colorado law sets a statute of limitations for a perjury prosecution at three years after the commission of the crime. The law allows for the clock to start running after the crime has been discovered"

Here is the news article itself (excerpt at top of 4th paragraph): : http://www.9news.com/news/article/197635/222/No-perjury-charges-against-Det-in-Tim-Masters-case

What does it mean by "discovered"? Say someone made a statement to a judge 5 years ago and then just recently it was identified as a falsehood???
Submitted: 1 year ago.
Category: Criminal Law
Expert:  rvlaw replied 1 year ago.

Hi and welcome to JA

That's exactly what it means. The 3 years starts running only after the perjury was discovered. This is what is called TOLLING OF THE STATUTE OF LIMITATIONS. I just want to check Colorado law about one thing. Some states have tolling statutes that give the extra time but add that the prosecution must be started:

" :.........but in no event after x years after the crime itself was committed"

rich

Customer: replied 1 year ago.


"Discovered" by whom? By the authorities, as if officially? Say a person who was involved in a case had noticed perjury in an affidavit right away, but then decided to report it three years later. From the person's point of view the perjury was "discovered" three years ago, meanwhile from the authorities' point of view it was "discovered" at a much later time. Which one is it?

Expert:  rvlaw replied 1 year ago.

First, there is a CO case that the prosecution can take advantage of the tolling but must allege in the indictment the specific date on which the perjury was committed in order to take advantage of the tolling.

Second, I didn't find a case that addresses your second question. You must check with a CO attorney (which JA requires anyway since you and I do NOT have an attorney-client relationship). My feeling is that only a prosecutor can determine if the perjury existed and when.....NOT a private person. On the other hand, the prosecutor may have to explain why he or she didn't discover it sooner.

Please accept my answer and rate it 3, 4 or 5 so I can get credit for assisting you

rich

rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience: Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
rvlaw and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi. Thanks for all the great info.


 


Do you happen to have a reference to that CO case?

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.
 
 
 
Chat Now With A Criminal Lawyer
rvlaw
rvlaw
Judge
204 Satisfied Customers
Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years