Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 8 minutes by:
12/15/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,984
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question

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: 29,984
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
What happens if the entity providing or disseminating the false affidavit is a state entity or official?
Was this answer helpful?
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,984
29,984 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
In need of a criminal attorney. Victor is an inmate at
In need of a criminal attorney. Victor Anderson is an inmate at Tarantino County, sentenced to 60 years for robbery. None of the evidence is attached to him. All of his constitutional rights have been… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
Can i sue the city police department for false arrest,
can i sue the city police department for false arrest, harassment, and profiling stopping me for driving on suspended license in front of my home, feel like he didn't have probably cause to stop me … read more
Thelawman2
Thelawman2
Doctoral Degree
1,350 satisfied customers
A law enforcement agent files a criminal complaint against a
A law enforcement agent files a criminal complaint against a suspect to get an arrest warrant issued.In the complaint, the agent states that he has not included every fact known to him concerning the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In the affidavit for probable cause they cant use anything
in the affidavit for probable cause they cant use anything they found if I gave consent right they would have to explain why they stopped they would have to have prove of some type of stolen property … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,028 satisfied customers
Well, my situation is a probable cause for DUI. I was
Well, my situation is a probable cause for DUI. I was released for posting bail after I went to court. I was told to get an ignition interlock installed within 5 days I have an appointment for thursda… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
154 satisfied customers
If the police do not have probable cause to even stop at the
if the police do not have probable cause to even stop at the house then my consent that said I gave would be non existant… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
If they didn't have probable cause to stop then me
ok so if they didn't have probable cause to stop then me consenting to the search isn't valid right… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
292 satisfied customers
If a federal grand jury gets a criminal reaches a verdict of
If a federal grand jury gets a criminal reaches a verdict of guilty to get an indictment against a defendant accused of wrongful doing {e.g.; violation of false claims act) as "CEO of a company" and b… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
For a Federal Criminal Lawyer: In a federal criminal case in
In a federal criminal case in the district of Oregon where a motion to suppress had a hearing and an opinion was issued that denied it, several years have gone by and trial has not been held as yet. 1) Is there any situation where a new motion can be filed or the denial challenged prior to the trial when new facts or new case law has been found that could change the opinion? 2) What about if case law or facts existed at the time of the first motion to suppress were not presented or ignored by the court? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I can prove i was falsely arrested by the police who lied
i can prove i was falsely arrested by the police who lied about not registering when in fact i did and on top of that they tampered with my permanent record from the conviction state to where i have a… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,028 satisfied customers
Can probable cause be challenged on appeal if it wasn't
Can probable cause be challenged on appeal if it wasn't raised in the trial court and a plea of no contest was entered 2 years ago? I was stopped for a marked lanes violation and the cop claimed I dri… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
I am falsely arrested on November 16, 2015, the deputy who
I am falsely arrested on November 16, 2015, the deputy who get reprimanded letter for discrimination and adversely involve my arrest lied on her interview under the oath. She is a wife of a deputy who… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
I'm trying to find some answers about being falsely arrested
Hello I'm trying to find some answers about being falsely arrested and being reported to cps by the person I actually called the police on because he assaulted me with a baseball bat. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,595 satisfied customers
Person pulled over in dui traffic stop - no probable cause -
person pulled over in dui traffic stop - no probable cause - while pulled over sheriff saw he had active warrant out of state so he is in custody for his out of state warrants—BUT no charges are fille… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,578 satisfied customers
I was falsely arrested for dwi. Was on probation at the
i was falsely arrested for dwi. Was on probation at the time. Due to this and saying no the the blood sample which turned out to be another violation. I know I will not be guilty of dwi (i only had 1 … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
Do I have a false arrest suit, if police arrested me for
Do I have a false arrest suit, if police arrested me for stolen property when the vehicle was clearly not stolen. The officer wrote my correct vin number on the ticket and a completely different numbe… read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
If you have a a false arrest if they arrested u on something
If you have a a false arrest if they arrested u on something that they seen you didnt do on video and it shows you didn't pick up anything but the judge still insist that you did something and your la… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
Is the smell of marijuana in a vehicle probable cause for a
Is the smell of marijuana in a vehicle probable cause for a search in the state of Massachusetts?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x