Edit this Article. We use cookies to make wikiHow great. By using our site, you agree to our cookie policy. Cookie Settings. Learn why people trust wikiHow. Download Article Explore this Article methods. Related Articles. Article Summary. Method 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.
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.
Talk to your attorney. 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. 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. 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.
Choose an attorney who best represents your interests. 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 a perjury charge is considered actionable, it is best to be represented by an attorney who can help guide you through the process.
Work with your attorney on strategies to combat the perjury. Prosecutors will review the information on a case by case basis to see if it meets the elements of the crime and make a filing decision. Follow up on the case. When perjury charges are filed, the government is responsible for prosecuting. This usually means the U.
Attorney, district attorney or city attorney will be in charge. Cooperate with any follow-up questions. If the DA chooses to file perjury charges, be ready to provide any additional information to assist the DA with her case.
If convicted, federal and most state laws provide for fines or imprisonment up to five years. When Perjury is Prosecuted. The prosecutor of the individual charged with perjury will not file against a participant in court proceedings who lies about nonmaterial issues, such as age. Prosecution of perjury by affidavit is reserved for when the false testimony can affect the outcome of the trial. Torrey The Law Offices of H. Robert Miller Robert L. Search Warrants My husband was on probation officers had arrested him outside, they DUI and Threat A 20 year old male was in an accident.
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Get Free Legal Advice. Featured Attorneys. Identify the parties, statement and any issues in question.
Answer any questions posed by law enforcement. Be prepared to give a sworn statement regarding your knowledge of events and provide contact information. Request law enforcement refer the case to the proper county, state or federal attorney's office to file charges. Individuals cannot file charges, only make criminal complaints.
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