Flushing, NY asked in Criminal Law for New Jersey

Q: If a witness for the prosecutor provide false statements for an indictment can a motion to dismiss be filed for perjury?

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1 Lawyer Answer
David A. Simon

A: There is no such thing as a motion to dismiss for a witness lying. Typically, the credibility of a witness can be attacked through skilled cross-examination by a defense attorney. The jury gets to decide whether to believe this witness. This would be a factual issue to be determined by a jury as opposed to a legal issue determined by a judge. Its best to get evidence that directly contradicts the perjured testimony as well as attack the motivation for the fabrication. Witnesses are biased and lie all the time but a judge cannot dismiss a case based on it. Hopefully you have skilled counsel and get the not-guilty verdict you deserve.

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