Perjury and Subornation of Perjury
Subornation of Perjury
As with any criminal charge, being accused of perjury or subornation of perjury can have life-altering consequences. A conviction for either crime can result in jail time, fines, and a mark on your record that makes it difficult to find employment or secure housing. It is important to consult with an experienced criminal defense lawyer as soon as possible to evaluate the strength of the case against you and the viability of any defenses.
Under California Penal Code 118 PC, it is considered a straight felony to knowingly give false information while under oath. This includes testifying in court, being deposed, or signing a written document such as an affidavit. This crime covers not only statements made in a trial but also any proceedings under an oath, including Congressional committee hearings, family law court depositions, and even financial affidavits such as loan applications. In order to be convicted of perjury, the prosecutor must prove that you knowingly gave a false statement with the intent to influence the outcome of the case or proceeding.
If you are charged with perjury, you must be prepared to defend yourself by arguing that you did not intend to mislead or that your false statement was not material. This is a difficult argument to win as the burden of proof lies with the prosecutor and not you. However, the best way to avoid a perjury charge is to always tell the truth when asked questions and not to make any statements that you know are false.
Perjury and Subornation of Perjury
While perjury refers to a person personally making a false statement under oath, subornation of perjury is the act of encouraging or inducing another person to do the same. It is a category D felony in Nevada to encourage or induce others to commit perjury.
It is a professional duty of a criminal defense attorney to warn their clients against committing perjury. Likewise, the attorneys have the responsibility to move for a mistrial if it is obvious that the client has been lying while testifying on the stand. A defendant will usually be eligible to post bail bonds if they promise in writing that they will show up for all future court dates. This can be done during the arraignment and is typically paid in cash or with credit card.
One such alternative gaining traction is the use of risk assessments. Rather than relying solely on monetary conditions for release, risk assessments evaluate factors such as the defendant’s criminal history, community ties, and the nature of the charges. Advocates argue that this approach provides a more nuanced understanding of a defendant’s risk, allowing for individualized conditions of release that prioritize public safety without unduly burdening those with limited financial means.
In cases where a bail bond is available, it can be secured through a licensed bail bonds company. Once the trial is over, the bail bond company will return the money to the accused if they have kept up with all of their court appearances and not violated any other terms of their release. A missed court date or violating a condition of your release can lead to arrest and a resumption of the trial. Bail bonds are a great way to stay out of jail and continue your normal life while you fight for your freedom.