How do I prosecute prejury in Texas?

Q: Does anyone ever get convicted of perjury?

Yes, individuals can and do get convicted of perjury. However, successful convictions are relatively rare due to the challenges in proving that a person knowingly made a false statement under oath. The prosecution must provide strong evidence to support their case, and many factors can influence the outcome.

Full question:

How do I prosecute prejury? Can I go to a police station and file a charge. The Justice of the peace says they can not. That I have to have a attorney and bring charges. I can not afford this but need help...

Category: Perjury
Date: 04/07/2025
State: Texas

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. The crime of perjury may be prosecuted by a government attorney, most commonly after a complaint is filed with the local prosecutor's or district attorney's office. 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.

The following is a TX statute:

§ 37.02 PENAL. Perjury

(a) A person commits an offense if, with intent to deceive and
with knowledge of the statement's meaning:

(1) he makes a false statement under oath or swears to the truth of a
false statement previously made and the statement is required or
authorized by law to be made under oath; or

(2) he makes a false unsworn declaration under Chapter 132, Civil
Practice and Remedies Code.

(b) An offense under this section is a Class A misdemeanor.

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.

FAQs

How hard is it to convict perjury?

Convicting someone of perjury can be challenging. The prosecution must prove that the person knowingly made a false statement under oath. This often requires clear evidence that contradicts the false statement. Additionally, the context of the statement and the circumstances surrounding it can affect the case. Jurors must be convinced beyond a reasonable doubt, making the burden of proof significant. Legal representation can help navigate these complexities.

What evidence is needed to prove perjury?

To prove perjury, the prosecution needs evidence showing that the individual knowingly made a false statement while under oath. This can include documents, recordings, or witness testimony that contradicts the false statement. The evidence must demonstrate that the accused was aware of the truth and chose to lie. Establishing intent is crucial in these cases.

How to press charges against someone for perjury?

To press charges for perjury, you typically need to file a complaint with the local prosecutor's or district attorney's office. While individuals can report suspected perjury, the decision to prosecute usually rests with the government. It's advisable to gather evidence supporting your claim and consult with legal aid services if you cannot afford an attorney.

How difficult is it to prove perjury?

Proving perjury is often difficult because it requires demonstrating that the individual knowingly lied under oath. This involves presenting clear and convincing evidence that contradicts the false statement. Additionally, the context of the statement and the intent behind it play significant roles. Jurors must be convinced beyond a reasonable doubt, which can be a high standard to meet.

Does anyone ever get convicted of perjury?

Who investigates perjury?

Perjury investigations are typically conducted by law enforcement agencies, such as the police, when a complaint is made. The local prosecutor's or district attorney's office may also be involved in reviewing the evidence and deciding whether to pursue charges. In some cases, investigations may stem from ongoing legal proceedings where false testimony is suspected.