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Top Waimanalo, HI Federal Perjury Lawyers Near You

Federal Perjury Lawyers | Honolulu Office | Serving Waimanalo, HI

Davies Pacific Center, 841 Bishop St., Suite 410, Honolulu, HI 96813

Federal Perjury Lawyers | Honolulu Office | Serving Waimanalo, HI

Queen's Court, 800 Bethel Street, Suite 600, Honolulu, HI 96813

Federal Perjury Lawyers | Honolulu Office | Serving Waimanalo, HI

500 Ala Moana Boulevard, Five Waterfront Plaza, 4th Floor, Honolulu, HI 96813

Federal Perjury Lawyers | Honolulu Office | Serving Waimanalo, HI

1001 Bishop Street, Suite 1800, Honolulu, HI 96813

Federal Perjury Lawyers | Honolulu Office | Serving Waimanalo, HI

Tissue Genesis Tower, 810 Richards Street, Suite 335, Honolulu, HI 96813-2902

Federal Perjury Lawyers | Honolulu Office | Serving Waimanalo, HI

705 S. King St., Suite 105, Honolulu, HI 96813

Waimanalo Federal Perjury Information

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Find a Federal Perjury Attorney near Waimanalo

What Is Perjury?

Perjury involves making false statements under oath in court or as part of a legal proceeding. Making false statements in a legal document can also be perjury, including signing a document under penalty of perjury if the document contains false information. The crime of perjury carries the possibility of a prison sentence and fines.

Is Perjury a Federal Offense?

Perjury can be a state criminal offense or a federal offense. Generally, false statements in state court or in a state legal proceeding can be considered perjury under state law. In a federal legal action or when signing federal documents, misstatements or lies may be considered federal perjury.

Under the federal perjury statute, perjury involves making a statement that someone does not believe to be true. For federal perjury, making an oath or declaration that is stated to be true is perjury if the person willfully and contrary to the oath or declaration believes it to be untrue. Any declaration, verification, or statement made under penalty of perjury that is not true may also be perjury.

What is Required to Prove Perjury?

In order to prove perjury, federal prosecutors have to prove every element of the offense “beyond a reasonable doubt.” If there is any doubt about any of the elements, a defendant should not be convicted of federal perjury charges. The element of perjury require proving the defendant:

  1. Was under oath during his testimony, declaration or certification;
  2. Made a material false statement; and
  3. Made the false statement with knowledge of its falsity.

A false statement has to be material to the proceedings. Material statements have a tendency to influence the case or proceeding. For example, in a federal extortion case, a witness falsely stated they were wearing black shoes instead of brown shoes, if the shoes are not an issue in the case, it may not be considered a material misstatement.

The defendant has to have the specific intent to make a false statement. Someone can give false testimony statement because of a mistake, faulty memory, or confusion without intending to lie.

Is It a Defense to Perjury if I Correct My Statement?

After making a false statement in federal courts or signing a legal document that is not true, the person who made the statement may worry that they are going to get in trouble for the perjured testimony. The person may try to go to the next court proceeding to correct the misstatement to avoid punishment. However, recanting the false declaration or trying to correct the perjured statement may not be a full defense to perjury. Instead, recantation may be used as evidence that a defendant intended to make a willfully false statement at the time.

What Is an Example of Federal Perjury?

In a burglary trial, a witness identified the suspect as the person who was seen breaking a window and climbing into the victim’s home. Someone who is friends with the suspect lies to the court under oath and claims that they were with the suspect watching a movie at the time of the break-in. Making this false statement under oath is perjury because it is a material statement to the burglary case.

In this case, the suspect could also be charged with a crime. It may be a crime to persuade someone else to commit perjury under oath. If the suspect convinced the friend to lie in court, this may be considered “subornation of perjury.”

How Is Perjury Punished?

As a federal crime, perjury is a felony offense. If you are convicted of perjury charges, the maximum sentence is imprisonment for up to 5 years. Perjury penalties may also include monetary fines. A conviction for perjury can also have further consequences, including a felony criminal record. A felony may make it more difficult to find a job or find a place to live. A conviction for perjury can also limit holding public office or pursuing certain professions.

How Can a Federal Perjury Lawyer Help?

Perjury is a serious criminal offense and a conviction has long-term consequences. After a federal criminal defense lawyer reviews your case, they may be able to identify possible legal defenses, problems with the prosecutor’s case, and provide legal advice on the best defense strategies.

There are several legal defense options for a federal defense lawyer in a perjury case. Common defenses include showing the defendant was not under oath at the time, the defendant made a mistake instead of intentionally lied, or the untrue statements were not material to the case.

A criminal defense attorney can also negotiate a plea agreement with the prosecutor. A beneficial plea bargain can help you reduce criminal penalties, avoid additional criminal charges, or get a reduced sentence, including avoiding jail time.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

How much does it cost to hire an attorney?

In general, how much an attorney costs will often depend on these four factors: billing method and pricing structure, type of legal work performed, law firm prestige, and attorney experience. Depending on the legal issue you are facing, an attorney may bill you by the hour, settle on a flat fee, or enter into a contingency fee agreement. The type of legal work you need help with will also play a role in cost incurred.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.

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