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Placer County, California Judge allowed and accepted documentation after the trial hearing and used this documentation to pursue a perjury case against the plantiff. Can the judge do this? The plantiff didn't even get the chance to answer to the documentation presented to the court. Is'nt this a mistrial, shouldn't the Judge continued the hearing if more information was needed?
Optional Information: Country relating to Question: United States State (if USA): California
Welcome and thank you for your question!Perjury is a matter that is handled in a separate case. For that reason, the judge's actions are procedurally property. Perjury charges are not handled in the same/original case.The plaintiff will have the opportunity to dispute and fight the perjury allegations at the separate hearing/trial.I hope this helps to clarify the procedural logistics.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 Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five 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 or CONTINUE CONVERSATION button. 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, ~~ J.B.
My question is - Can a judge accept documents after a hearing has been conducted?
Thank you for the follow-up.Yes, documents can be filed with the court post-trial/post-hearing and, yes, the judge can review them.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five 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 or CONTINUE CONVERSATION button. 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, ~~ J.B.
A Dective telephoned the plantiff now defendant regarding the perjury allegation but did not read the mirander rights to the plantiff not did he idicate the telephone was recorded until the end of the telephone conversation, can this conversation be used against the defendant? The Dectective advised the defendant to write a letter of apology to the court, is this advisable?
Yes, that telephone conversation can be used because the other party was not in police custody. Miranda only has to be read when one is physically in police custody and cannot leave.A letter of apology would be considered to be an admission. If a person is being criminally charged with perjury, making a written admission is not advisable.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five 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 or CONTINUE CONVERSATION button. 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, ~~ J.B.
Also, a couple of weeks after the hearing the person in question received a letter from the IRS informing him they were conducting a mail audit regarding alimony/child support payments he reported on his taxes. I find it a coinscidence the IRS audit and allegation of purjury from family court on related subject, should he respond in writting to the IRS regarding his taxes or could this further worsen him if he is pursued for perjury for the family law case?
He should follow the instructions to comply with the document/information requests of the IRS. Failure to cooperate with the IRS can result in separate federal criminal charges. The IRS should not be ignored.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five 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 or CONTINUE CONVERSATION button. 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, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.