Legal Question in Criminal Law in California

Re: Lying under oath

Perjury is what is commonly known as a "wobbler," meaning that it is a crime which, depending on the circumstances, may be charged as either a misdemeanor or a felony. Misdemeanor perjury is punishable by a maximum of one year in the county jail (with 50% good-time/work-time credits), but possibly no jail time at all; felony perjury is punishhable by a minimum of 16 months and a maximum of 3 years in state prison. How it is charged is largely dependent on the context of the perjury: if it was a felony case you significantly perjured yourself in, expect a felony perjury charge, and vice-versa.

I realize that there may be a conflict with what you feel morally required to do, and with what is in your best interests, legally speaking, to do. My advise to you is to consult with a criminal defense attorney NOT IN ANY WAY RELATED TO THE CASE. As officers of the court, we are sometimes, albeit RARELY, obligated to put the interests of the Court ahead of the interests of the client. In the case of perjury, THIS IS ONE OF THOSE TIMES. A lawyer unrelated to the case can advise you as to what, if any, jeopardy you are in if indeed you committed perjury, and (s)he, if wholly independent of the case, could not divulge your transgression to anyone, much less the Court. The opposite is true for a lawyer related to the case. An attorney for a party to a case who becomes aware of a perjury, under certain circumstances, may be required to advise the Court of that perjury. Again, an attorney unrelated to the case is prohibited from so doing.

I do strongly recommend an in-depth consultation. It may well be that you are not in as much danger vis-a-vis the perjury as you might think. And if so, this might make your moral dilemma much less problematic. Or it may be that you would be a serious trouble if the perjury were made known, which, at least, also makes your decision regarding whether to "fess up" much easier. But it shouldn't be overlooked that if your perjury was in the context of another criminal case, this is a phenomenally important issue. When another's freedom is at stake, it is certainly worth the time and effort to determine whether you can personally afford to "come clean." You owe at least that much, I think.

I hope it works out for you and I admire your apparent willingness to right your wrong. If you would like a more in-depth consultation with me, feel free to call or email directly: 800-515-0233/ 714-879-5770 or [email protected].

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law

Re: Lying under oath

You can be sent to prison.

You cna change your testimony, but your testimony is unlikley to be believed, now or in the future. Committing perjury is a serious matter. Most prosecuting attorneys and judges take perjury very seriously.