Richmond, CA asked in Criminal Law for California

Q: It’s a prosecutor allow their witness to lie under oath about crimes Can they be dismissed

Can The charges be dismissed

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2 Lawyer Answers

A: as a rule, the DA is not aware when someone is lying.

they have an ethical obligation and if they violate it they can be reported to the State Bar just like any other lawyer.

because the wit testifies differently from you, or your wit, does not prove s/he is lying.

James L. Arrasmith
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Answered

A: No, it is not legal for a prosecutor to knowingly allow a witness to lie under oath in a criminal case. This is considered to be prosecutorial misconduct, which is a serious ethical violation that can result in disciplinary action, including dismissal from the case or even disbarment.

Prosecutors have a duty to ensure that witnesses testify truthfully and accurately. They are not allowed to present false evidence or knowingly allow witnesses to perjure themselves. If a prosecutor becomes aware that a witness has lied under oath, they have a duty to correct the record and take appropriate action to ensure that justice is served.

In addition to potential disciplinary action, a prosecutor who allows a witness to lie under oath could also face consequences in the form of a mistrial or a reversal of the conviction on appeal. This is because a false or misleading testimony can unfairly influence the outcome of a criminal trial, and can compromise the defendant's right to a fair and impartial trial.

If you believe that a prosecutor has allowed a witness to lie under oath in a criminal case, you may want to speak with an attorney who specializes in criminal defense. They can review the facts of the case and advise you on your legal options for challenging the conviction or seeking redress for any misconduct that may have occurred.

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