Legal Question in Criminal Law in Pennsylvania

Prelim Testimony and Potential Perjury by Plaintiff

During a Prelim, if a Plaintiff responds falsely to questions posed by the defense attorney, and the falsehood of that testimony is demonstrated through evidence gathered in Discovery, can charges be brought against the plaintiff immediately upon receipt of that evidence, or must those charges wait until trial? If the perjury charge can be brought earlier, what impact does that have on the disposition of the original case after Prelim?


Asked on 8/10/07, 1:06 pm

2 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Prelim Testimony and Potential Perjury by Plaintiff

You are way off in your thinking. The only time that the complainant is 'sworn to tell the truth' is when they testify. The discovery documents are not written under oath. Therefore, the only lie is your accusation that spoken sworn words are a lie. If you go to trial and you are found guilty, then the words are not lies because you were convicted based on the words. If you are found not guilty, then her words may have been lies. At that point the district attorney's office decides whether they will charge this person with perjury. You will not be part of the decision making. However, you can sue the person.

So in sum, you can sue the person if you are found not guilty of each and every charge.

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Answered on 8/10/07, 1:22 pm
John Gibson John W. Gibson, Esquire

Re: Prelim Testimony and Potential Perjury by Plaintiff

I think it depends upon the strength of the evidence that you believe demonstrates that the Complainant was lying. If it is crystal clear, say for example that you have a videotape of the incident, then the D.A. may be willing to drop the charges and proceed against the Complainant on one or more charges.

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Answered on 8/17/07, 12:17 pm


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