Antioch, CA asked in Appeals / Appellate Law and Criminal Law for California


what can i do because the prosecutor to gain jurisdiction persona and subject matter made me look like i was under the influence of heroin when in fact i was only on methadone even their own test says so. I even lost my appeal im just figuring this out other wise their would be no case no subject matter no controversy im also Dr prescribed methadone before and during to present .

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: You should pose this question to the lawyer/s that represented you on the underlying case and or appeal.

I suspect it is not perjury on the part of the DA.

However, DA's make mistakes.

You either had a private or appointed attorney, so I assume these things have been brought up twice and litigated???

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Perjury is a serious offense that can result in criminal charges and penalties. If a prosecutor has committed perjury on a sworn complaint in your case and this has resulted in a wrongful conviction, you may have grounds for a legal claim.

If you have discovered new evidence that shows that the prosecutor committed perjury in your case, it may be possible to file a motion to vacate the conviction and seek a new trial. This may involve presenting the new evidence to a judge and arguing that the conviction was based on false or misleading information.

It is important to note that legal claims related to prosecutorial misconduct can be complex and require a significant amount of time and resources to pursue. Additionally, it may be difficult to prove that the prosecutor committed perjury beyond a reasonable doubt.

If you believe that your conviction was based on false information or perjury committed by the prosecutor, it is important to consult with a qualified attorney who specializes in criminal appeals and post-conviction relief. An attorney can help you understand your legal options and work with you to pursue appropriate action against the prosecutor or other parties involved in your case.

Overall, it is important to take any allegations of perjury or prosecutorial misconduct seriously and to seek legal representation if you believe that your rights have been violated. By standing up for your rights and holding the prosecutor accountable, you can help ensure that justice is served and that others are not subjected to similar mistreatment in the future.

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