Legal Question in Criminal Law in Missouri
IF A COOPERATING CITIZEN FOR A DRUG TASK FORCE SIGNS AN AGRREEMENT WITH THE PROSECUTOR TO COOPERATE AND HE WILL RECEIVE HIS TRUCK BACK FROM A FORFEITURE DUE TO IT BEING INVOLVED IN HIS CULTIVATING OPERATION OF MARIJUANA AND IT IS NOTORIZED BUT TESTIFIES LATER AT THE TRIAL OF THE ONE HE SET UP THAT HE DID NOT HAVE AN AGREEMENT AND WAS OFFERED NOTHING WHEN QUESTIONED BY THE DEFENSE AND PROSECUTION ON THE MATTER OF COOPERATION, IS THAT PERJURY IF THE ACTUAL AGREEMENT CONTRACT SURFACES 5 YEARS AFTER THE TRIAL... NOR WAS THE AGREEMENT TURNED OVER BY THE STATE WHEN REQUESTED SO IT WAS NOT EVEN KNOWN TO EXIST. is this a violation of the defendants rights?
1 Answer from Attorneys
This was a violation of Defendant's rights to a fair trial. It was also perjury. Whether either is actionable is another question. Talk to an attorney in your area. Statute of limitations may have run on perjury, but argument that it hasn't could be made. Defendant may also be able to use this information to his advantage.
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