Legal Question in Criminal Law in Maryland

Re: false report /perjury

You brother's statement to the police that he did not witness an incident, when in fact he did, is neither a false report nor perjury. Perjury is lying under oath, which this is not, and false report would be a false statement to the police that caused them to do an investigation. Your brother's statement did not cause an investigation, as the police were already conducting one. However, if you brother is going to testfy, then he can be impeached by his statement that he did not see anything. If your brother's testimony would help the person the police charged, then he should talk to the defendant's lawyer who will tell him what to do next. If his testimony will help the victim, then he should talk to the prosecutor and he will tell him what to do next.

Re: false report /perjury

Based on the evidence, the State has seen fit to bring criminal charges. Whether these charges are correct is a matter of the proof they will bring at the defendant's trial. Witness statements under oath are perjury and false statements to the police are those that bring on an investigation under false pretense. It appears that the police have evidence that the State's Attorney will present. Part of that evidence is witness testimony. You do not need an attorney at this point but you are cautioned to make the required court appearances so as to testify. A contempt charge can lie for non-appearance.

Joe Holthaus

(410) 799-9002

(410) 619-5918