Legal Question in Criminal Law in California

judgment turn over

If a officer/deputy lied about an occurance/crime (a non felony) offense and it has been done for quite sometime now, if he/she reveals after the fact that the information that he/she documented was incorrect and that he/she is recanting his statement can that judgment or ruling be overturned because of the lie or missdocumentation?


Asked on 6/22/08, 11:45 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: judgment turn over

It is possible but the misstatement must be material, in other words essential to the issue of innocence or guilt. If the correction is as to details such as exact time etc., but it does not materially change the weight of the evidence as to your guilt than probably it is a futile effort.

The other issue is whether you are sure the cop is willing to recant his story officially and on the record. They are not willing to do something like that too often.

Your last recourse is to make an administrative complaint about the cop. This would go on his permanent personnel record and at least you would get a bit of a revenge that way.

Feel free to contact me for a free consultation directly by e-mail or calling my office.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 6/23/08, 1:14 am


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