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J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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In IL , What is the penalty for perjury in a case that the

Customer Question

In IL , What is the penalty for perjury in a case that the defendant was found guilty? The witness lied and thats the only reason defendant was found guilty.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 8 years ago.
Under Illinois law, Perjury is a Class 3 Felony. The penalty is imprisonment for not less that two years and not more than five years.

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Customer: replied 8 years ago.
I have a public defender that filed a motion "relief from judgement" due to the witness admitting to others after i was found guilty that the crime i was convicted of never happen. Now its going back to court on those grounds. The witness will not cooperate with case due to the perjury problem that she faces. What happens if she is found guilty of perjury
Expert:  J.Hazelbaker replied 8 years ago.
If she is found guilty of perjury, she faces jail.

If that perjury was the reason you were convicted, your conviction should be overturned.

In addition, you may have civil claims against the person. While you can't sue for perjury or for perjured testimony, as that is covered by the criminal code, you may be able to sue her for defamation, if the statements were made out of court and to other parties.
Customer: replied 8 years ago.
will she face prosecution against her if determined it is perjury
Expert:  J.Hazelbaker replied 8 years ago.
Your lawyer should speak with the prosecutor about the matter. If the prosecutor believes there is merit, then she would be prosecuted. If convicted, she would face prison.
Customer: replied 8 years ago.
so being she wasted the police,states,courts time ,how much time in jail ?
Expert:  J.Hazelbaker replied 8 years ago.
it is 2-5 years.
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Customer: replied 8 years ago.
wow ..she should of just told the truth always wins !
Expert:  J.Hazelbaker replied 8 years ago.

Thank you for your Accept and best of luck to you.