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John
John, Attorney
Category: Legal
Satisfied Customers: 5164
Experience:  Licensed and practicing attorney.
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This is due to someone lying under oath in a hearing here in

Customer Question

This is due to someone lying under oath in a hearing here in Fairfield, IA
JA: Has anything been filed or reported?
Customer: Filed, I don't know what you mean.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have not reported the lie, but it should have been obvious to the judge that someone was lying. I had not lived in this town at the time line that this person said they had known me in this area of Iowa
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Iowa
Submitted: 2 months ago.
Category: Legal
Expert:  John replied 2 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime do not close this page and you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 2 months ago.

While illegal and subject to federal and/or state criminal penalties perjury is rarely pursued by judges or prosecutors. People perjure themselves if they make a false or misleading statement under oath, or sign a document that they know to contain false or misleading statements. I have to believe it is in part because the difficulty of proving a knowing deception and partially because the prosecutor just doesn't have time or resources to investigate and pursue these matters.

In any event, the way to pursue perjury is through the prosecutor against the the perjuring person. To do this you not only need evidence that the statement is false, you also need evidence that the other party knew the statement was false and said it intentionally. You must find evidence that the party making the statement knew it was false, and that she intended to mislead others by saying it. The statement also must concern a key fact. If someone has lied about something that turns out to be inconsequential to the matter at hand, she is unlikely to be found guilty of perjury. Generally, the statement must have been made to protect the defendant or to alter the outcome of the case in the person's favor. Keep in mind that it is extremely difficult to prove that someone intentionally attempted to mislead the judge or jury by lying under oath. Proving intent makes perjury so difficult to prove. If someone is willing to lie under oath, they probably also are willing to lie to defend themselves against felony charges.

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Expert:  John replied 2 months ago.

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