(169) Are there any Defenses to a Perjury Charge? – Michael Haber Miami Criminal Defense DUI Lawyer

March 26, 2017 / Michael A. Haber /

Thank you for asking me “Are there any defenses to a Perjury charge?”

Yes. Apart from the standard defenses that are available in all cases there are at least two defenses which are custom tailored to a perjury charge.

The first is that the false statement which was knowingly made while under oath was not “material”. Materiality is a defense to perjury as, before a perjury charge can go to a jury the issue of materiality must necessarily first be established and accepted by the Court.

“Materiality” is defined as “having the potential to effect a pending issue”, so for perjury, simply lying under oath isn’t enough. The lie must relate to a matter that is material to the proceedings. If your lawyer can convince the Judge that the false statement did not relate to a material matter in the proceedings, then the perjury charge must be dismissed.

The second defense to a perjury charge is known as “recantation” or “renunciation”. Recantation occurs where the person who made the false statement afterward, but during the same continuous proceeding, admits that the statement was in fact false. In order to qualify as a renunciation it must be established that 1) the retraction occurred both promptly and voluntarily, 2) that there was no profit from the falsehood, 3) that no one was prejudiced by the false statement, 4) that the proceedings themselves were not prejudiced and 5) that any subsequent testimony is consistent with the recanted testimony.

Incidentally, there is no such crime as “attempted perjury” in FL.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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