If a defendant pleads not guilty and he is later found guilty, can the prosecution then charge him for perjury?

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A defendant can not be charged with perjury for pleading not guilty. The crime of perjury is for lying under oath.

Attorney Answers

5
Paul Uhlik ·
A defendant can not be charged with perjury for pleading not guilty. The crime of perjury is for lying under oath.
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James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
A not guilty plea is nothing more than letting the court know that you require the prosecution to prove its case. It is the states burden to prove you guilty.
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Patrick Earl ·
To be found guilty of perjury a person has to lie under oath. A plea of not guilty at the beginning of a case is just a way to allow the defendant the time to see what the evidence is against him/her and to protect constitutional rights. So if the person never takes the stand then he/she could never be charged with perjury. If he/she takes the stand and lies and it is proven that he/she lied then yes, perjury would be charged. This rarely happens.
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