If it is proven in court that a witness lied many times in a criminal case can or would the judge dsmiss case.

Question

If during a criminal trial the witness is proven to have lied, commited perjury many times about important facts, can or would the judge or DA dismiss the charges before the jury deliberating?

Answer 1

The DA can, but might not. It is part of the jury's job to assess the credibility of all witnesses. If, in fact, it was proven that a particular witness lied, they will take this into consideration as they deliberate.

Answer 2

It depends upon how important the witness is to the case.

If this is the primary witness without whom there is not enough evidence to pursue a case, then the judge will declare a mistrial. In this case there most likely will never be another attempt at a trial.

If the witness has important information, but not critical and lies, then the judge will determine whether there are grounds for a mistrial. There is a good chance that this case will appear in court again.

If the witness is not that important then that witness' testimony will be stricken from the record and the trial will go on.

No matter what the situation above the witness will be tried for perjury and will face jail time.

Take care,
Troy

Answer 3

It would depend upon the evidence and other testimony presented. There should be a call for a retrial, or a motion for a mistrial. There would probably be a motion for dismissal, but that's a tough call for judges. If the "proof" of perjury came out in court, the judge can make such decisions on his/her own based on how the jury may have been affected and other legal issues.

Answer 4

If enforcement has documented evidence you are able to take it to the decide - mail him a replica qualified mail or ask enforcement to do it. this is unlikely that it's going to impression the decide.

Answer 5

not dismiss, but you could get a new trial, it is a reason for appeal