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Is providing false affidavits a criminal action and if so if…

is providing false affidavits a...
is providing false affidavits a criminal action and if so if an arrest or mitmus is issued on that basis, is that also a criminal action.
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12/15/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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is providing false affidavits a criminal action

Yes. In every state filing a false report with the authorities and/or lying on a sworn statement or under oath is a criminal offense.

and if so if an arrest or mitmus is issued on that basis, is that also a criminal action.

Not necessarily. All the state needs to initiate an arrest/issue a warrant is something called probable cause. Probable cause is just a reasonable belief that you may have committed a crime. The words of a credible complainant can be enough to provide probable cause, even if down the road he or she turns out to have been a liar. In any case a false arrest would not be a criminal action but a civil action for which you could sue as a violation of your civil rights.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,354
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 7 months ago
What happens if the entity providing or disseminating the false affidavit is a state entity or official?
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