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joelaws8, Lawyer
Category: Criminal Law
Satisfied Customers: 390
Experience:  I can answer general criminal law questions regarding specific statutes and procedure.
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Hi Joelaws8 - really appreciate your response to the earlier

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Hi Joelaws8 - really appreciate your response to the earlier question on aggravated perjury. I just got out of a case relating to alleged violations of an order of protection. The OP allegations were bogus, but the OP was granted nonetheless. Did eighteen days in jail while awaiting bond, and two years ,$2,000 dollars in bond and fees later today the DA dismisses all charges. I refused to cut a deal early on because I have no criminal record and wanted to clear my name, period. My arrest and the allegations came as a complete surprise. Here's the thing - the allegations were all founded on accusations of alleged phone calls and emails. Accusations made in writing by the plaintiff at night court at the time she swore out the warrant for my arrest. I said, okay, let's go to court. Let's see the phone records and the emails. Nothing. Got a subpoena. Still nothing. Finally three months ago the judge calls the plaintiff into court with respect to her failure to provide the subpoenaed phone records and emails, and under direct questioning by my attorney, a PD, in a "Yes or No" fashion, she says there were no emails or phone calls placed by me directly or indirectly by anyone on my behalf. GREAT! This is the point where, if this were television, my public defender jumps up and demands that all the charges be dropped and that Miss So-and-So be charged with Aggravated Perjury. Didn't happen. Sure, now,, she's on record, transcripts and all. And sure it might have had something to do with the DA deciding to drop all the charges. I'm not sure 100% ... or even 20%. All I know is that it's good the charges were dropped, but I would sure like this person held accountable. Is that possible? I would especially like to hold her feet to the fire on the perjury issue. I mean, if I make the DA/ the court aware (how would I do this) that she committed perjury, isn't the DA required to respond?? - Thanks Joe .... feeling cheated/ still vulnerable

Good afternoon and thank you for the additional question!


I am very sorry to hear that you are going through such a tough situation.


Unfortunately, we as citizens have no direct control over which cases the government chooses to prosecute. You can definitely file a complaint with the DA's office and hope they take the case, but the final decision will be up to them. Most often, DA's don't take this sort of case for two reasons: (1) often time, the witness is the victim and only recanted her testimony to protect her abusive love interest; and (2) there is a good policy argument to not prosecute recanting witnesses - if they were lying when they first made the complaint (as in your case), justice prevails if the witness ends up finally telling the truth; if the witness is scared that they will be punished for telling the truth, they may maintain that their lie is the truth and that could result in an innocent defendant being convicted.


That being said, you can definitely sue her for the damages that she has caused you in a defamation suit.


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Thank you very much,

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