How to File Perjury Charges
Identify the statements you believe to be perjury., Find proof of the perjury., Talk to your attorney., Choose an attorney who best represents your interests., Work with your attorney on strategies to combat the perjury.
Step-by-Step Guide
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Step 1: Identify the statements you believe to be perjury.
You should make a list of each statement made by the other party that you believe to be false.
People perjure themselves if they make a false or misleading statement under oath, or sign a document that they know to contain false or misleading statements.This is why legal documents you sign often contain the phrase that you are signing "under penalty of perjury" – if you knowingly lie on the document, you may be guilty of a crime.Federal law classifies perjury as a felony offense, as do many states.Review the four general elements of perjury so you understand what must be proven to have a successful charge of perjury. -
Step 2: Find proof of the perjury.
Not only do you need evidence that the statement is false, you also need evidence that the other party knew the statement was false and said it intentionally.
The federal government along with most states includes an additional requirement, which is that the statement must have related to a key or important fact.
Felonies are serious criminal matters, so you must take them seriously and not accuse someone of perjury unless you are certain all elements of the crime are present. , If the perjury occurs during a court case in which you are represented by an attorney, you should alert her to the perjury as soon as possible.
If the false statements harm you or your case in any way, you may have an additional claim against the person in civil court.
On the other hand, if the false statement could potentially benefit your case, you should consider speaking to your attorney as soon as possible.
If the truth gets out without your statement, you might find yourself defending against a charge that you committed subornation of perjury.Subornation of perjury involves convincing someone else to testify falsely on your behalf.
If you find yourself charged with subornation of perjury, keep in mind that merely knowing that the other person lied is not enough for a conviction.
The prosecutor must prove beyond a reasonable doubt that you actively convinced the person to do it.If your attorney doesn't have any criminal law experience, you should consider talking to one who does to get additional advice regarding your perjury claim.
An attorney may decide your claim isn't actionable or worth pursuing, but an attorney skilled in criminal law typically is better placed to make that decision than you are., If you are not already represented by an attorney, you probably should find one who will protect your interests.
Perjury is considered a very serious crime and the outcome of a perjury case impacts the reputation and integrity of the legal system.If you discover perjury, you must take steps to reveal the act as quickly as possible.
If a perjury charge is considered actionable, it is best to be represented by an attorney who can help guide you through the process., Your attorney may want to discuss the matter with the judge, or bring the party back on the stand and question him about the perjury.
Even if it isn't practical to charge the person criminally for perjury, there may be strategies your attorney can use to limit the effects of the perjured witness and their statements.
For example, if your spouse lies about his income during a divorce proceeding, you may be able to acquire documents or witnesses to counter his claim.
When confronted with the contradictory information, your spouse may be convinced to alter his statement accordingly. -
Step 3: Talk to your attorney.
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Step 4: Choose an attorney who best represents your interests.
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Step 5: Work with your attorney on strategies to combat the perjury.
Detailed Guide
You should make a list of each statement made by the other party that you believe to be false.
People perjure themselves if they make a false or misleading statement under oath, or sign a document that they know to contain false or misleading statements.This is why legal documents you sign often contain the phrase that you are signing "under penalty of perjury" – if you knowingly lie on the document, you may be guilty of a crime.Federal law classifies perjury as a felony offense, as do many states.Review the four general elements of perjury so you understand what must be proven to have a successful charge of perjury.
Not only do you need evidence that the statement is false, you also need evidence that the other party knew the statement was false and said it intentionally.
The federal government along with most states includes an additional requirement, which is that the statement must have related to a key or important fact.
Felonies are serious criminal matters, so you must take them seriously and not accuse someone of perjury unless you are certain all elements of the crime are present. , If the perjury occurs during a court case in which you are represented by an attorney, you should alert her to the perjury as soon as possible.
If the false statements harm you or your case in any way, you may have an additional claim against the person in civil court.
On the other hand, if the false statement could potentially benefit your case, you should consider speaking to your attorney as soon as possible.
If the truth gets out without your statement, you might find yourself defending against a charge that you committed subornation of perjury.Subornation of perjury involves convincing someone else to testify falsely on your behalf.
If you find yourself charged with subornation of perjury, keep in mind that merely knowing that the other person lied is not enough for a conviction.
The prosecutor must prove beyond a reasonable doubt that you actively convinced the person to do it.If your attorney doesn't have any criminal law experience, you should consider talking to one who does to get additional advice regarding your perjury claim.
An attorney may decide your claim isn't actionable or worth pursuing, but an attorney skilled in criminal law typically is better placed to make that decision than you are., If you are not already represented by an attorney, you probably should find one who will protect your interests.
Perjury is considered a very serious crime and the outcome of a perjury case impacts the reputation and integrity of the legal system.If you discover perjury, you must take steps to reveal the act as quickly as possible.
If a perjury charge is considered actionable, it is best to be represented by an attorney who can help guide you through the process., Your attorney may want to discuss the matter with the judge, or bring the party back on the stand and question him about the perjury.
Even if it isn't practical to charge the person criminally for perjury, there may be strategies your attorney can use to limit the effects of the perjured witness and their statements.
For example, if your spouse lies about his income during a divorce proceeding, you may be able to acquire documents or witnesses to counter his claim.
When confronted with the contradictory information, your spouse may be convinced to alter his statement accordingly.
About the Author
Andrew Harris
Andrew Harris specializes in lifestyle and practical guides and has been creating helpful content for over 7 years. Andrew is committed to helping readers learn new skills and improve their lives.
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