Silver Spring, MD asked in Criminal Law for Maryland

Q: Would having someone else write an statement and you agree to what’s written...be perjury!

If my sons father has his wife complete the protective order for him statement and all and he signs it would I be able to get the order dismissed to perjury him saying he completed the form when it’s two different hand writings?

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: No. Who wrote the statement is not relevant. So long as he signed the petition and made oath or affirmation the the statements were true, the petition is not invalid. Of course, you can cross-examine him about those written statements not being his, and therefore represent his wife’s eye-witness observations and not his, which would be a basis to object to the statements as hearsay. However, if he testifies that he witnessed the same events described in the statements his wife wrote, and adopts them as his own, then the hearsay objection will be overruled. You need to focus on the substance of the allegations, not technical defects.

Eric Todd Kirk
Eric Todd Kirk
Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Asking someone to complete a writing for you is not impermissible conduct. The contents of the writing do matter. If he swore under oath that the contents of the writing are true and accurate, and that turns out not to be the case, there could be repercussions.

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