Legal Question in Criminal Law in California

Is it legal?

The assistant district attorney lied to a judge during a motion to release the information of a confidential informant.

He told the judge I had possession of over fifty ponds of marijuana. On the report, it clearly states that I had possession of fifteen pounds of marijuana. It was only trimmings and shake. Is it legal for the assistant district attorney to lie to a judge? If so, why can he lie but it is a crime if I do so?


Asked on 9/27/08, 2:16 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Is it legal?

The district attorney is not allowed to misrepresent the facts intentionally, but I'm not sure that doing so would be a crime. There are civil statutes which regulates such conduct, and he could be disciplined by the bar if he knowingly tried to mislead the court. That discipline could involved disbarment if the conduct was particularly egregious war was part of a pattern.

The reason why it would be a crime for you to lie is that lying under oath about a material fact is perjury and lying to police officers about a material fact during the investigation of a crime is a crime in its own right (think Martha Stewart). When the prosecutor made this statement to the judge, he was not under and was not speaking to law enforcement. The criminal statutes that would apply to your statements thus would not apply to his.

Read more
Answered on 9/27/08, 3:13 pm


Related Questions & Answers

More Criminal Law questions and answers in California