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 Nate Your Own Question
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10685
Experience:  Over 10 years of criminal defense practice.
11217539
Type Your Criminal Law Question Here...
Nate is online now
A new question is answered every 9 seconds

During the course of our divorce, my lawyer discovered that

This answer was rated:

During the course of our divorce, my lawyer discovered that my husband had falsified financial disclosures (did not document $22,000 of marital funds -- that he withdrew from his local bank account in order to hide that money - that I NEVER existed!!) AND my husband LIED under oath during our Temporary Orders Hearing when the judge asked him how much money he had in cash.

In an attempt to get my husband to cooperate with a mediator, my lawyer and I made the agreement with my husband that we would withdraw our Contempt for Court Motion regarding the perjury (Oct. 21 I signed the document to report the perjury to the Court).

My husband to date has NOT complied fully with the Court Orders and I do not have money for a lawyer. I hope to file pro se once I am no longer homeless.

My question is: How can I report the lying under Oath and can the falsifying financial documents to the Court STILL be made issue of? I have a copy of my lawyer's Contempt of Court Motion in which he states to the Court the TWO PERJURIES: in writing and; oral.

I want to report these perjuries to Boulder County officials -- I am unclear how and to whom and if there is a statute of limitations.

PS
Before adoption by the Court of the Dissolution of Marriage Decree -- as my husband was NOT complying with Court Orders by the stated deadlines --- I asked my lawyer to file the perjury issues to the Court and he played dumb like he did not know what I was referring to.

Thank you for your help
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

This potentially could be First Degree Perjury, defined under Colorado law as follows:

Perjury in the first degree (18-8-502)

A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.

Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.

Perjury in the first degree is a class 4 felony.

The statute of limitations in Colorado for a Class 4 felony is three (3) years (C.R.S. 16-5-401(1)(a) (2009)).

You would report it to the district attorney's office in Boulder. They would then decide whether or not to prosecute.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Nate and other Criminal Law Specialists are ready to help you