Perjury question????

Question

So I can still be held in perjury even if he tape recorded me without my knowledge? He did not use this againist me in court. We just went to court about case 2 weeks ago. So its basically up to the court to decide. He whooped my son because he wanted to not because I alledgedly told him to. Okay say I did tell him go ahead whoop him and then a year after he did this i'm in court being asked if I told him to do so and I say no because I honestly don't remember now I'm facing time for a crime I din't even commit. How much time would I even be facing????

Answer 1

Perjury is lying under oath in court, or on a legal document.

If someone testified accurately to the best of their memory at the time, that would be a defense to the perjury charge.

You need to consult with a licensed attorney, who can explain your options and give you specific legal advice.

Answer 2

"Criminal Law - White Collar Crimes - Perjury

Question 1 of 4

What is perjury?

Perjury is the "willful and corrupt taking of a false oath in regard to a material matter in a judicial proceeding". It is sometimes called "lying under oath"; that is, deliberately telling a lie in a courtroom proceeding after having taken an oath to tell the truth. It is important that the false statement be material to the case at hand—that it Could affect the outcome of the case. It is not considered perjury, for example, to lie about your age, unless your age is a key factor in proving the case.

Perjury can be used as a threat. Although it is a very serious crime under state and Federal laws, and while prosecutors often threaten prosecution, the number of actual prosecutions for perjury is tiny.

Perjury prosecutions stemming from civil lawsuits are particularly rare. This is because it is difficult to prove that someone is intentionally misstating a material fact, rather than simply testifying honestly from faulty memory."

http://criminal-law.freeadvice.com/white_collar_crimes/perjury.htm

This is, perhaps, a better answer than how I answered this question of yours a few moments ago, but I stand by one thing, your ex needs a lot more evidence to prove deliberate deception.

Answer 3

What are the charges? What is the state.

Don't create a new question...just ad a comment to this one.

Perjury is the crime of intentionally lying after being duly sworn (to tell the truth) by a notary public, court clerk or other official. This false statement may be made in testimony in court, administrative hearings, depositions, answers to interrogatories, as well as by signing or acknowledging a written legal document (such as affidavit, declaration under penalty of perjury, deed, license application, tax return) known to contain false information. Although a crime, prosecutions for perjury are rare, because a defendant will argue he/she merely made a mistake or misunderstood.

Answer 4

There are many many variables on this, there is no clear cut answer.

Perjury if he can prove you lied under oath yes.
He taped your conversation without your knowledge no problem, taping a conversation without BOTH parties knowledge is only a problem if it is a phone conversation, and then it would be minor for him, you still would have to face perjury.

About the rest... too complicated and too many variables.

Answer 5

Perjury means you lied while under oath. It would not apply to a tape recording made by someone else outside of a court room.

Answer 6

The recording might not be admissible, but his believability to a jury is what counts, in terms of his defense, such as it might be, that his beating your son came at your request. Frankly, even if it were murder, the fact that someone else asked for it to be committed does not amount to a defense against the murderer.

However, I get the sense that he is not saying exactly what you've written. He's not saying you told him TO beat your son, but gave him permission to act on the basis of your son's provocation. In that case, his defense is that he acted "in loco parentis" - doing what you would have done if you were there, based on your having given him permission.

On the other hand, I don't see, based on your written statement, where perjury arises, and if you acknowledge now that he did hear permission from you (if he did), my guess is it's unlikely to go to trial. Everybody forgets stuff.

Answer 7

Evidence taken such as phone conversations, email, recording or videos takened with out a court order by the law, or with out your consent can not be used against you.
If you say you do not know , you do not know or remember and that is not perjury. Sounds like you need lawyer as awful as they are:(:(..
To tape a conversation it must have your consent or a court order especially in your home .

Answer 8

i would advise you to get an atty right now because these charges seem very serious . I have a friend who can put u in contact with an attorney, please call her
Debbi Carroll is her name and her number is 18664713782 or her website www.debbicarroll.com please tell her mark referred you