Perjury in the charges against me

While I do not practice in Washington State, most of the questions you ask are fairly universal in answer. At arraignment, the state presents what it considers to be its case against you. If there are lies in the document then that is used by your defense attorney to attack the subscribing witness or if none then to attack the person who gave that information to the court.

While the expense of a trial makes some types of perjury defacto immune from prosecution, if you are able to fight the charges and are not ultimately convicted for the knives, then there is a chance you can recover damages in a civil rights action against the person who signed the complaint or the person who provided the information in the complaint.

Remember though, before you take the plea or go to trial, you must speak to both your criminal defense attorney and any civil rights lawyer you intend to use to see what may result from your decision.

Good Luck.

I do not practice in Washington State, but I can offer some general insight into your case.

Generally - a police officer will present information to a Judge in order to determine whether your arrest or the charges against you are backed by probable cause. Often, a police officer will prepare this information based on what he has been told by the alleged victims in a case. He swears in the warrant requests presented to the judge that the information is true to the best of his knowledge - he presents what he was told and knows about the case (generally he was not there when it happened and can only present the information provided by alleged eyewitnesses.)

Despite a finding of probable cause - the information is not deemed to be true - the finding is merely the basis for the case continuing against you. In other words - assuming the allegations contained in the DPC statement are true - there would be probable cause to believe that you commited the offenses charged. Therefore - bond must be set accordingly with the interests of the public in mind. In other words - assuming the allegations against you might be true - you may be a danger to the public and bond could be set higher.

In Georgia, if it is determined that the alleged victims in a criminal case lied to bring the case to trial or to effectuate an arrest - those same alleged victims can be prosecuted for the offense of filing a false police report. If the arrest warrants in a criminal case were obtained by civilian victims - testifying under oath or swearing out an affidavit before a Magistrate judge - any statements proven to be willfully false could result in a prosecution for perjury.

It is legal for prosecutors to amend or add charges but the procedure for doing so varies from State to State. You should consult a Washington State attorney for specific questions regarding the defense of your case. Also, any charges added must be done within the statute of limitations.

It would appear that you do not have an attorney, or you would have had these questions answered. If you do have an attorney, you should go to him or her and get these answers. Most attorneys work very long hours, so do not just leave phone messages. Get on his or her schedule, or go to the office, and wait until you can ask your questions and get answers.

If you do not have an attorney, you are very late in hiring one. Do so now, or if you are truly indigent, the court will appoint you an attorney. When you are very sick, you go to a doctor; no other solution is acceptable. When you are charge with a felony, you need an attorney, and you need one now.

Semper Fi, Patrick McLain