Legal Question in Criminal Law in California

Re: purjury

Depending upon how long ago your son was convicted, there might still be time to move for a new trial. If that deadline has passed, your son will have to seek a writ of habeas corpus instead. This is not the type of issue he can argue as part of his appeal, since proving the witness lied will require evidence beyond what is in the trial court's records.

Showing that a witness lied is not necessarily enough to get the conviction overturned. If the lie was central to the prosecution's case or if there is strong reason to believe it affected the outcome, then he will have a decent argument. If the lie was about an issue which was not material to the case then there is little chance proving it will help your son.

The witness may also have committed perjury when he lied on the stand. Most people believe that any intentionally false testimony is perjury but that is not the way it works; the testimony must be about an issue which is material to the case. If you can show the prosecutor that this person lied they might bring a perjury charge against him, but that will not necessarily help your son.

Re: purjury

you need to file a writ of habeus corpus. Please contact me at (800) 313-9619 if you would like to discuss this matter further.