How do charges get filed against someone who has lied under oath?

Bankruptcy and Debt 3 views 3 answers
My son was in a coma and the x-girlfriend (now wife) she took away guardianship and within 4 months of waking up she manipulated him to marry her when prior to accident he made it clear he would never marry her. I fear for my sons safety as he is home alone with her. now I find she lied under oath to do all this. Any suggestions????

Attorney Answers

3
Robert Marshall ·
Lying under oath is perjury, which is a crime under California Penal Code §118. Only the District Attorney can file a criminal case. You could file a police report or contact the DA's office; however, most prosecutors will only file perjury charges that are very easy to prove. For instance, if someone fails to disclose a criminal conviction on an application for welfare benefits, which clearly states that is is signed under penalty of perjury, it is very easy to present the court documents that prove the person was convicted. Penal Code §118 also says that a person cannot be convicted of perjury based on the testimony of just one person who says they lied. There must be some other evidence to prove the sworn statement was false.
0 upvotes
Greg Hill ·
Contact the police department, who will hopefully take the case to the DA to file charges. This is the procedure. Mr. Marshall's answer is very good. Read it several times.
0 upvotes
James Dickinson ·
Mr. Marshall has said it well. Good luck.
0 upvotes

People Also Asked