Full question:
My husband perjured himself in court yesterday on a custody trial yesterday. He takes antidepressant meds and was asked by my attrny,and his attrny, on several occasions did he take these meds he clearly stated no. he was then reminded that he was under oath and again stated no. He is an engineer for a passenger railroad and used his employee insurance to see family doctor but pays cash to see his mental health doctor. His mental hlth causes him to be violent. And he denied all domestic battery police reports because I never had him convicted therefore the judge believed him. Today I have located bottles on his paxil and wellbuterin which he denied ever using. What is my next step?
- Category: Perjury
- Date:
- State: Illinois
Answer:
A person who commits perjury may be guilty of a crime, however, if the person admits to the falsity of the statement, during the same trial in which the statement is made, criminal charges will not apply. Typically, proof of a false statement given under oath will be used to impeach the witness' testimony and show that they aren't credible. It will be a matter of subjective determination for the trier of fact to decide how much importance a false statement has on their decision in the ultimate outcome of the matter.
I suggest you relay the information to your attorney, who is in the best position to determine the proper course of action in light of all the facts and circumstances involved.
The following is an Illinois statute:
720 ILCS 5/32-2 (from Ch. 38, par. 32-2)
Sec. 32-2. Perjury.
(a) A person commits perjury when, under oath or
affirmation, in a proceeding or in any other matter where by
law such oath or affirmation is required, he makes a false
statement, material to the issue or point in question, which
he does not believe to be true.
(b) Proof of Falsity.
An indictment or information for perjury alleging that the
offender, under oath, has made contradictory statements,
material to the issue or point in question, in the same or
in different proceedings, where such oath or affirmation is
required, need not specify which statement is false. At the
trial, the prosecution need not establish which statement is
false.
(c) Admission of Falsity.
Where the contradictory statements are made in the same
continuous trial, an admission by the offender in that same
continuous trial of the falsity of a contradictory statement
shall bar prosecution therefor under any provisions of this
Code.
(d) A person shall be exempt from prosecution under
subsection (a) of this Section if he is a peace officer who
uses a false or fictitious name in the enforcement of the
criminal laws, and such use is approved in writing as
provided in Section 10-1 of "The Liquor Control Act of
1934", as amended, Section 5 of "An Act in relation to the
use of an assumed name in the conduct or transaction of
business in this State", approved July 17, 1941, as amended,
or Section 2605-200 of the Department of State Police Law
(20 ILCS 2605/2605-200). However, this exemption shall not
apply to testimony in judicial proceedings where the
identity of the peace officer is material to the issue, and
he is ordered by the court to disclose his identity.
(e) Sentence.
Perjury is a Class 3 felony.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
