San Jose, CA asked in Probate for California

Q: Why do attorney's seem reluctant to file perjury charges even when the evidence is clear and overwhelming?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Attorneys may seem reluctant to file perjury charges even when the evidence appears clear because the legal standards for proving perjury are quite high. Perjury requires proving that someone intentionally lied under oath about a material fact, and this can be difficult to establish without concrete evidence of intent. The burden of proof is on the accuser to show beyond a reasonable doubt that the false statement was made knowingly and willfully.

Moreover, pursuing perjury charges can be a lengthy and complex process, often requiring significant time and resources. Attorneys might prioritize cases where the outcome has a more direct impact on their client's interests. They must weigh the potential benefits of filing such charges against the costs and likelihood of success.

Additionally, there may be strategic reasons for not pursuing perjury charges. In some cases, bringing up a perjury accusation could complicate negotiations or lead to counterclaims that could drag out legal proceedings further. Attorneys often seek the most efficient and effective path to resolve a case, which might mean avoiding the pursuit of perjury charges unless absolutely necessary.

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