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Lying under oath

California City, CA |

Does feleon in possession of a firearm were holding a gun????

And let's say the officer was to get on the stand and say he found it in the closet and...and due. To him finding the gun did he run fingerprints and he says no.. but the statements that his report is true under penalty of perjury. Is this officer guilty of lying under the oath.??

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Attorney answers 3


This really can be a grey area. The reason that I say that is that lying under oath involves an intentional misrepresentation. Officers handle so many cases and testify so many times that the court would likely see this as a mistake caused by not remembering the events accurately or confusing it with another case. I find it very unlikely that this would be seen as intentional unless this was a pattern of behavior for the officer, there was a motive and there was some extrinsic evidence showing that he knew he was not telling the truth. This almost never occurs.



Ok but buy him lying under oath damaged the contract he's on write and the higher court gave our case back to this lower class court because it can't stand trial

Michael Lawrence Doyle

Michael Lawrence Doyle


I gave you my opinion. If you wish to have someone support your opinion I think you need to look elsewhere.


No - felon in "possession" doesn't mean he has to be holding the weapon. It is enough taht he has knowledge of the weapon and dominion and control over it at the time. As to the rest of your question, it's too convoluted to make sense.

Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.



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