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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33374
Experience:  Began practicing law in 1992
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How do you prosecute that was committed during a jury trial

Customer Question

How do you prosecute for Perjury that was committed during a jury trial for custody of a 1 1/2 year old baby. We have audio and video tapes that will 100% price the perjury that was committed by two different people will u set oath. My attorney said we would not need to use them during trial, burble was obviously wrong. The jury ruled in their favor due to the lies/perjury that were committed.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I see your question about the Harris County prosecutor. Could you do me a favor and number and list your questions so I'm sure I answer them all?

Expert:  Dwayne B. replied 1 year ago.

It looks like part of my screen may have gotten garbled and I want to make sure nothing is missed.

Customer: replied 1 year ago.
1. How do you prosecute for Perjury that was committed during a jury trial for custody of a 1 1/2 year old baby.2. We have audio and video tapes that will 100% prove the perjury that was committed by two different people who were under oath during the jury trial.3. My attorney said we would not need to use them during trial; my attorney was obviously wrong. The jury ruled in their favor due to the lies/perjury that were committed.4. How do I go about getting the Harris County Prosecutor to file charges against them for committing perjury to change the outcome of a jury trial?
Expert:  Dwayne B. replied 1 year ago.

1) You can't prosecute perjury in Texas. It can only be prosecuted by a District attorney. You can file a complaint with the police and/or the District Attorney's office but that's all you can do.

2) and 3) are statements, not questions.

4) The best way to handle it is to get your lawyer to file a complaint. If they won't, then you can ask the police to take a formal report. If that still doesn't work then you can ask for a new trial (if you're still within 30 days of the judgment being signed) and base it on the perjury. That will get the judge's attention and the judge may ask the DA to look into it. If you are outside the 30 days then you can file a Motion to Modify and mention the perjury in the motion. However, the perjury won't actually be grounds to modify since it occurred prior to the judgment for custody being signed. You would only mention the perjury in the hopes, again, that the judge sees it and asks the DA to look into it.