Legal Question in Criminal Law in New York

Perjury on a sworn deposition

A deposition was sworn against me which caused my arrest. The charges are being dropped, but would not have occurred but for his sworn deposition which was a lie. What penalties can be brought against him? Can I sue him for false arrest? Can I sue him for the expenses of my defense and for the pain and suffering I and my family have endured for the past year?


Asked on 12/07/97, 8:49 am

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

perjury in deposition

They key to this situation is in understanding the precise meaning of perjury.{IMHO, one of the indicators of our society's transformation is the rapidity with which 'we' denounce differing points of view, perspectives, even simple misunderstanding, as *lies* and their utterers as *liars* - which is to say: not every inconsistent version is a lie or perjury.}If there is some means available to you to Prove - OBJECTIVELY - that what was sworn to as "being so" not only 'wasn't so' but 'couldn't have been so, nor reasonably imagined to have been so' ... you may have a basis for pursuing one or more remedies.In the absence of such OBJECTIVE [versus 'subjective' or 'matter of opinion'] proof, you are probably stymied.

Regards, etc.,

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 12/08/97, 2:18 pm


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