To make a long story short a person intentionally and knowingly brought civil charges in what they called a verified complaint. The charges were totally false. The person signed under the pains and penalties of law they had information that I did something I never did. The person was allowed to do discovery on a fishing expedition, called people I knew to embarress me.
Now it is my turn. I realize I could file civil charges against this person but I want to file criminal charges for two reasons. One this person could possibly do this again in the future and two all the pain inflicted and cost. What use is signed under pains and penalties of law if they are not held accountable criminally.
Please I want this to never happen again,,Help!
You can report the crime to the police, who may or may not apply for a criminal complaint against the person. If you go to the police, bring in all your proof that you have to support the allegation that the person committed a crime.
If the police opt not to file the complaint, you yourself can file a private-party criminal complaint in the district court where the charge originated. It will cost you $15. Make sure to include in the affidavit you sign with the application facts that give probable cause to believe that the other party committed perjury, attaching exhibits if necessary.
The elements of perjury, under G.L. ch. 268, s. 1, are that 1) the person knowingly; 2) made a false statement either during testimony under oath, or in a written document made under the pains and penalties of perjury, and 3) the false statement was "material", i.e. it tended to affect the determination of a relevant issue or outcome of a proceeding.
The clerk will accept the application and mark the matter for a clerk's hearing, notifying the other party by mail of the time and date of the hearing. The other party may come in with an attorney to seek to prevent the issuance of the complaint.
Perjury is a criminal offense so you could file a complaint with the District Court. You will have to establish probable cause that the crime was committed, and that involves establishing probable cause that the misstatment was intentionally made. Even if you succeed in showing that the crime probably was commmitted, many clerks will take the position that the matter is really a civil matter and refuse to issue the complaint.
There are also civil remedies available to you if the action against you was frivolous or otherwise abusive.
And note that if your purpose (as you have now publically stated) is to inflict pain on him, he might come back after you.
Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.
There is some level of immunity that is referred to as Anti-SLAPP.
If you can bypass these limitations, you can file a civil suit against the person.
Perjury criminal litigation is though in the district court.
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