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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1395
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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How do I file perjury Charges on a social worker for lieing

Customer Question

How do I file perjury Charges on a social worker for lieing on cross examination in family court? My attorney asked her if she had recieved the letter he had mailed her concerning the need for Texas Department of Family and Protective Services to start my Family service Plan. She Stated no. But the record Reflects that TDFPS's own attorney told the Trial court that she and this social worker did in fact discuss the letter in queastion. That means that the worker had committed perjury. I would like to persue perjury Charges against her. How do I persue this matter? I have Proof of my claim via the record and My Family Law Attorney's Brief.
Submitted: 4 years ago.
Category: Family Law
Expert:  Amber E. replied 4 years ago.
Q. I would like to persue perjury Charges against her. How do I persue this matter?

A. Perjury is a crime, per Texas Penal Code HERE. Therefore, you need only report it to the local authorities, as you would any other crime, and present all the evidence you have.
Customer: replied 4 years ago.
I have called the Fort Worth Police Department at XXX-XXX-XXXX and the desk officer says that they will not take a report for perjury against a Social worker. So What do I do if the police refuse to take my Police Report?
Expert:  Amber E. replied 4 years ago.
You have a right to file a report. If they refuse to accept it EVEN after you go there in person to file it, then you may go over their heads and speak directly with the D.A.

Keep in mind, however, that the D.A. has the discretion to decide which cases to pursue, and he/she may or may not choose to file charges. It will depend upon the particulars of your case and, frankly, the caseload of their office.
Customer: replied 4 years ago.
Would you advise that I send a copy of the document prooveing perjury was committed along with a formal letter requeasting the charges to be filed via certified mail to the District attorney's Office?
Expert:  Amber E. replied 4 years ago.
I wouldn't. Perjury is not routinely prosecuted, so you will really have to be persuasive and that is best done in person or, if necessary, by phone. What I would suggest is that you schedule an appointment to speak with the DA directly; you may send the documents in advance and then schedule a phone appointment. But, you are much more likely to get a favorable response if you discuss the case in detail, rather than simply sending a letter. Otherwise, it may be weeks (or months) before you receive a response, and when you do it may well be a denial.
Customer: replied 4 years ago.
This individual cost me the loss of my parental rights to my two young children. I am desperate to see her face the consequences of her actions. I have solid evidence of the crime via my trial court attorney's appellant brief and the court records them self. Thats a guarenteed conviction.
Expert:  Amber E. replied 4 years ago.
Even more reason for you to discuss the harm you have suffered directly, rather than by letter. Emotion is not as well expressed in print. AND, It is much more difficult to deny a person when you have them across the desk or on the other line of a call.
Customer: replied 4 years ago.

I see your piont. But since the prosecuter on the case was Melissa Pachal and the individual that committed the perjury was the case worker on the case her quote un quote start witness, wouldn't that mean that miss paschal would be able to deter the criminal prosecuter from filing charges against her client? You know as well as I know the D A's office all work closely together even though there seperate division's.

Expert:  Amber E. replied 4 years ago.
Q. ...wouldn't that mean that miss paschal would be able to deter the criminal prosecuter from filing charges against her client?

All you can do at this point is make the report. IF after doing so you are denied and you believe that there was some misconduct involved (such as undue influence from Ms. Paschal), then you may make a report with the Dept of Justice at that time so that they may investigate.
Customer: replied 4 years ago.
My son had fell and he told TDFPS investigators that he fell and I passed a $500.00 poly graph test and the child's own mother told them that I was a loving and wonderful father. And Judge Nancy Berger in the 32nd judicial court had terminated my parental rights over an allegation that I had slapped my son in the face. The only piece of evidence that the state had was a cooks childrens medical center doctor's medical opinion that he was slapped and the doctor didnt even testify her nurse practitioner did every one knows that the child hearsay eveidence act says that the first thing a child says to an individual 18 yrs of age or older is admissable hearsay and that what he told investigator's as well as the doctor. And TDFPS Miss paschal still took me to court she even told my lawyer that she believed the case wasnt worth takeing to trial but TDFPS wanted her to prosecute it so she did.
Customer: replied 4 years ago.
How do I file a complaint for undue influence? What grounds would I have for this type of complaint? My attorney asked the social worker if she had recieved the letter he had written her asking her to initiate my family service plan. She denied that she had. Then Miss paschal informed the trial court that she and the worker had infact discussed the letter. Hence the social worker lied when she denied recieveing the letter. That's where perjury comes into play. She was sworn under oath in her testimony before making the denial? So based on these facts how do I file an undue influence complaint on either miss paschal or the social worker? Would it be because miss paschal was aware of the perjury and did nothing to put it out to the judge?
Expert:  Amber E. replied 4 years ago.
Q. How do I file a complaint for undue influence? What grounds would I have for this type of complaint?

I was speaking in regard to the perjury case. There is no means of acting preemptively against Ms. Paschal in so far as the perjury case is concerned. You have to file the report and get a decision from the DA first. You suspect she will interfere or influence the criminal case, but she has to actually do it. There is no way of knowing whether she will or won't; it may be that her job is more important to her than this case.

Q. So based on these facts how do I file an undue influence complaint on either miss paschal or the social worker?


IF and when Ms. Paschal unduly influences the criminal perjury case, you would file this report with the Dept of Justice - it would be part of your complaint with that office.

Customer: replied 4 years ago.

What can I do about this?

 

My son had fell and he told TDFPS investigators that he fell and I passed a $500.00 poly graph test and the child's own mother told them that I was a loving and wonderful father. And Judge Nancy Berger in the 322nd judicial court had terminated my parental rights over an allegation that I had slapped my son in the face. The only piece of evidence that the state had was a cooks childrens medical center doctor's medical opinion that he was slapped and the doctor didnt even testify her nurse practitioner did every one knows that the child hearsay eveidence act says that the first thing a child says to an individual 18 yrs of age or older is admissable hearsay and that what he told investigator's as well as the doctor. And TDFPS Miss paschal still took me to court she even told my lawyer that she believed the case wasnt worth takeing to trial but TDFPS wanted her to prosecute it so she did.

Expert:  Amber E. replied 4 years ago.
Q. What can I do about this?

A. Discuss with your attorney the possibility of filing an appeal of the judge's ruling. In fact, I am surprised your attorney didn't discuss that with you already.
Customer: replied 4 years ago.
We have filed an appeal we have oral arguement scheduled for March 30th 2010 at 9:00 a.m. The state also brought up an issue that I was on deferred adjudication for being charged with Injury To A Child with relation to the TDFPS case and the doctor's medical opinion. There was a condition that during the probation term I was to have adult supervised contact with children. The original probation term at trial was from September 29th 2008 to September 29th 2010 Two Yrs. But My deferred adjudication was discharged one year earlier on October 5th 2009 2 months and 5 days after trial. Since the D A told the court that I would be on probation untill September 2010 and my probation officer testified that I would be legally entitiled to a mandatory early release if I maintaned general compliance as of September of 2009 and I was granted an early release. The early release contradicts the DA's contention that I would be on probation until 2010. Would I be able to bring up the fact that I was granted an early release in my oral arguement? If So what would be the best method to use to bring this point up? since I had testimony in the court below about an early release wouldn't my argument be that this was an issue raised in the trial court?
Customer: replied 4 years ago.
My understanding of the law is that deferred adjudication is inadmissable in family court due to no conviction at least when my attorney had objected to this point the judge had agreed and sustained his objection but she allow the information concerning the adult supervised contact with children condition which was part of the deferred adjudication she had already ruled was inadmissable. How was that possible either the deferred adjudication is admissable or inadmissable. Can the judge rule the deferred adjudication as inadmissable but the condition inside the ruled inadmissable deferred adjudication as admissable. Is that contradicting her self? Shouldn't the whole thing be inadmissable meaning the deferred adjudication and the conditions inside the deferred adjudication?
Expert:  Amber E. replied 4 years ago.
Q. Would I be able to bring up the fact that I was granted an early release in my oral arguement? If So what would be the best method to use to bring this point up? since I had testimony in the court below about an early release wouldn't my argument be that this was an issue raised in the trial court?

Technically, all of your arguments should have been articulated in your appeal papers. In any case, you should be able to bring up the fact that the DA's information was incorrect and that, if the court relied on it, the court relied in error.

Q. Can the judge rule the deferred adjudication as inadmissable but the condition inside the ruled inadmissable deferred adjudication as admissable. Is that contradicting her self? Shouldn't the whole thing be inadmissable meaning the deferred adjudication and the conditions inside the deferred adjudication?

No, if the information only concerns the contact with the children. In so far as the conditions of that contact impact the welfare of the children, it is admissible.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1395
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
Amber E. and 11 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
(Since I had testimony in the court below about an early release wouldn't my argument be that this was an issue raised in the trial court as well as the fact that the DA's information was incorrect and that, if the court relied on it, the court relied in error?

 

 

So basically wahat you are saying is that since I was granted an early release the early release is admissable at oral arguement due to the reasons above is this correct if I am reading your reply correctly.

Customer: replied 4 years ago.
You never answered my last queastion Mam.

(Since I had testimony in the court below about an early release wouldn't my argument be that this was an issue raised in the trial court as well as the fact that the DA's information was incorrect and that, if the court relied on it, the court relied in error?

 

So basically wahat you are saying is that since I was granted an early release the early release is admissable at oral arguement due to the reasons above is this correct if I am reading your reply correctly.

Expert:  Amber E. replied 4 years ago.
Yes, that is correct. Think of it this way, you are being given the opportunity to explain to a higher court all the reasons why you believe the trial court is in error. These reasons may include that the judge misapplied or misinterpreted the law, or was mistaken in some way in which he considered the evidence.

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