Glendale, CA asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for California

Q: If someone commits perjury in court in a signed pleading.Does the SOL start running from when they signed or when filed

That is, does the crime become a crime when they filed the pleading or on the date of the signature in the pleading. Who prosecutes these crimes the city attorney, the district's attorney or the attorney general of the State? I know they seldom do it but if a person would like to pursue it who would do it. Already know about the state Bar report.

1 Lawyer Answer
Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: Assuming the pleading was signed under penalty of perjury, the felony was committed when it was signed.( By a person who knew it was false).

That's why lawyers will frequently declare something to be true based on "information and belief".

The prosecution of crimes begins with the law enforcement branch with jurisdiction- Police in the city, Sheriff in the county, and the Marshall(s) in a state court. The District Attorney for the county where the crime occurred would make the ultimate decision regarding the charges and whether to file a criminal complaint in court.

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