perjury is a crime against justice, like contempt of court and tampering with evidence.Private citizens can't file charges against anyone for perjury because it's a crime.If you have evidence that someone else committed perjury, there are steps you can take to make sure she doesn't get away with her crimes.
Step 1: Do you believe the statements are false?
You should make a list of the statements the other party has made.People can be sued if they make a false or misleading statement under oath or sign a document that they know is false.If you knowingly lie on a document, you may be guilty of a crime.Many states classify perjury as a felony offense.You need to review the four general elements of perjury to understand what can be proven to be perjury.
Step 2: There is proof of perjury.
You need evidence that the other party knew the statement was false and that they said it intentionally.The federal government and most states have an additional requirement that the statement must be 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.
Step 3: Discuss your case with your attorney.
If the perjury occurs during a court case in which you are represented by an attorney, you should alert her 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.If the false statement could potentially benefit your case, you should speak to your attorney as soon as possible.If the truth gets out without your statement, you could be charged with perjury.Subornation of perjury is when you convince someone else to lie on your behalf.Knowing that the other person lied is not enough for a conviction if you are charged with perjury.The prosecutor needs to prove that you convinced the person to do it.If your attorney doesn't have criminal law experience, you should talk to someone who does to get additional advice on your perjury claim.An attorney may decide your claim isn't worth pursuing, but an attorney skilled in criminal law is more likely to make that decision than you are.
Step 4: The attorney you choose will represent your interests.
If you don't already have an attorney, you should look for one who will protect your interests.The reputation and integrity of the legal system are affected by the outcome of a perjury case.You have to reveal the act as quickly as possible if you discover perjury.If a perjury charge is actionable, you should be represented by an attorney who can help guide you through the process.
Step 5: Strategies to combat perjury will be worked on by you and your attorney.
Your attorney can ask the judge about the perjury or bring the party back to the stand.Even if it isn't practical to charge the person criminally for perjury, there are strategies your attorney can use to limit the effects of the perjured witness.If your spouse lies about his income during a divorce proceeding, you may be able to get documents or witnesses to counter his claim.Your spouse may change his statement when confronted with conflicting information.
Step 6: Information about the perjury should be gathered.
As much proof as you can find for each element of the crime, review the elements of perjury.You need to find evidence that the party making the statement knew it was false, and that she intended to deceive others.The statement has to concern a key fact.She is unlikely to be found guilty of perjury if she lied about something inconsequential to the matter at hand.To alter the outcome of the case in the person's favor, the statement must have been made.It is very difficult to prove that someone lied under oath.It is difficult to prove perjury.If someone is willing to lie under oath, they will also lie to defend themselves against felony charges.
Step 7: Your statement needs to be compiled.
Before contacting the district attorney, organize your evidence and information.If the district attorney decides to prosecute, she will have to prove her case beyond a reasonable doubt.If you want to go to the district attorney, you should have as much information as possible.If you have documents that can back up your claim, include them in your statement.
Step 8: Determine who to contact.
You need to find the district attorney who handles perjury cases.Depending on the county where you live, you may need to call the police department instead of the prosecutor's office.The representative should be able to direct you if you find a general contact number.
Step 9: Explain your situation to the party.
Along with any evidence or information that supports your claim, have your statement ready.The name and contact information of the person you've accused of perjury, as well as details about the context in which the perjury was committed, will need to be answered by you.If you have any further questions or need more information to prosecute the case, make sure to give the district attorney your own contact information.Even if you believe you have an open and shut case, the district attorney may not file charges.
Step 10: Make sure to ask any follow-up questions.
If the district attorney files perjury charges, be prepared to provide additional information to assist her case.Penalties can be up to five years if you are convicted.Judges have the power to impose punishment.Being convicted of perjury can affect the person's ability to get other employment, professional licenses, or a security clearance.