How Federal Perjury Charges Are Brought in California

How Federal Perjury Charges Are Brought in California

Being accused of perjury can be really scary. It’s a serious felony charge that can land you in prison if you’re convicted. But not all hope is lost if you find yourself facing perjury charges. This article will walk you through how federal perjury charges work in California, so you can better understand the process and your options.

What is Perjury?

Perjury basically means lying while under oath. In California, perjury is defined in Penal Code section 118 as when someone deliberately gives false testimony while under oath in an official proceeding. An official proceeding could be a trial, hearing, deposition, declaration or affidavit. Here are some examples of perjury:

• Lying on the witness stand during a trial
• Lying during a deposition for a civil case
• Putting false information in a signed affidavit or declaration
• Lying while under oath to a grand jury

For it to count as perjury, the lie has to be about something important to the case – not just a minor fib. And you have to knowingly and intentionally lie. If you honestly make a mistake or forget something, that’s not perjury.

How Are Federal Perjury Charges Brought?

Federal perjury charges go through a multi-step process, just like other federal crimes. Here are the basic steps:

1. Investigation – The FBI or other federal agency investigates to collect evidence of perjury.
2. Charges Filed – The U.S. Attorney’s Office drafts and files formal charges if they think they have a strong case.
3. Arraignment – You appear in court and enter a plea of guilty or not guilty.
4. Pretrial Motions – Your lawyer can file motions to get evidence dismissed or other rulings.
5. Plea Bargain – Many cases end with a plea deal instead of trial.
6. Trial – If no plea deal, the case goes to trial before a judge or jury.
7. Sentencing – If convicted, the judge gives a sentence based on guidelines.

Let’s look at each of these steps in more detail:

1. Investigation

The investigation starts with the federal agency that thinks perjury may have happened. This is often the FBI, but could also be IRS, DEA, ATF, ICE or other agencies. They will collect evidence like transcripts, documents, recordings, and witness statements. If they find strong evidence of an intentional lie about a material fact while under oath, they can refer the case to the U.S. Attorney’s Office for prosecution.

2. Charges Filed

The U.S. Attorney’s Office will review the evidence. If they agree it shows perjury “beyond a reasonable doubt”, they will draft formal charges called an indictment. This lists the specific false statements alleged and what law they violate. For perjury this is usually:

• 18 U.S. Code § 1621 – Perjury generally
• 18 U.S. Code § 1623 – False declarations before grand jury or court

After filing the charges with the court, they will issue an arrest warrant or summons for you to appear in court.

3. Arraignment

At your arraignment, the judge reads the charges against you and you enter a plea – guilty, not guilty or no contest. If you plead not guilty, which is common, the judge will schedule additional court dates for motions and trial. He will also address bail, although for perjury you can generally pay bail and stay out of jail until trial.

4. Pretrial Motions

Before trial, your defense lawyer can file pretrial motions asking the judge to make rulings that help your case. For perjury charges, this could include:

• Motion to Dismiss – Argues there is not sufficient evidence to support the charges, so they should be dismissed.
• Motion to Suppress – Asks to exclude evidence because it was obtained illegally.
• Motion in Limine – Seeks to exclude prejudicial evidence that would harm your right to a fair trial.

The judge will hold hearings for oral arguments on these motions and then issue written rulings granting or denying them.

5. Plea Bargain

The vast majority of federal cases end in a plea bargain instead of trial. The U.S. Attorney and your defense lawyer negotiate a deal where you plead guilty in exchange for reduced charges or a lighter sentence. This avoids the risk and expense of a trial. For perjury, you may be able to get the charges reduced to a misdemeanor or get a sentencing recommendation for probation instead of prison.

6. Trial

If you can’t reach a plea deal, the case will go to trial before a judge or jury. The prosecution will call witnesses and present evidence to try to prove “beyond a reasonable doubt” that you knowingly lied about material facts while under oath. As the defense, your lawyer will argue the prosecution’s evidence is too weak, or an exception like recantation applies. If the jury (or judge in a bench trial) finds you guilty, the court moves to sentencing. If they find you not guilty, you go free.

7. Sentencing

Federal perjury carries up to 5 years in prison, but the actual sentence depends on your criminal history and circumstances of the case. The judge uses federal sentencing guidelines to calculate a point score, which gives a recommended range. Your lawyer will argue for the lowest end, while the prosecution argues for the highest. Judges aren’t bound by the guidelines but generally follow them. Probation is also an option instead of prison.

What Should You Do if Charged With Perjury?

Being accused of a federal felony like perjury can be terrifying. But an experienced criminal defense lawyer can help protect your rights and future. Here are some tips if you find yourself facing federal perjury charges:

• Don’t panic – The charges alone don’t mean you will be convicted or go to prison. There are defenses.
• Don’t try to represent yourself – Federal cases require experienced criminal defense lawyers.
• Use your right to remain silent – Don’t make statements to investigators until you have a lawyer.
• Hire a lawyer immediately – This helps balance the playing field against the prosecution.
• Follow your lawyer’s advice – They know how to build the best defense for your case.

The most important tip is to hire an experienced federal criminal defense lawyer right away. Look for someone who specializes in federal cases and, even better, has specific experience defending perjury charges. They will know all the procedures, defense strategies and mitigating factors to potentially get the charges reduced or dismissed. This gives you the best chance of avoiding harsh penalties like prison time.

Possible Defenses for Federal Perjury

In some cases, you may have valid defenses that could defeat federal perjury charges or at least reduce the penalties. Here are some potential defenses your lawyer may use:

You Didn’t Knowingly Lie

Recall that perjury requires you to knowingly make a false statement, not just make a mistake. So one defense is that you did not intentionally lie. For example, you may have forgotten some facts or misunderstood what was being asked. Your lawyer can argue you acted in good faith without meaning to mislead.

The Lie Wasn’t Material

Perjury only applies to lies about material facts – ones important to the case outcome. Minor lies or exaggerations about irrelevant details do not qualify. Your lawyer can argue your lie was just a trivial error that had no real impact.

Lack of Evidence

Federal prosecutors must prove your guilt “beyond a reasonable doubt.” But sometimes the evidence is weak or circumstantial. If your lawyer finds flaws in the prosecution’s case, they can argue reasonable doubt exists and you should be found not guilty.

Recantation

Recantation means you took back the lie and told the truth before the false statement substantially affected the case. Under federal law, recantation can be a defense to perjury charges if done quickly enough. Your lawyer may argue you corrected the record right away.

Diminished Mental Capacity

If you have a mental illness or disability that impaired your ability to understand your oath and statements, it may be a defense. Your lawyer can argue you lacked the mental capacity to knowingly and willfully lie.

What Are the Penalties for Federal Perjury?

If convicted of federal perjury, penalties under 18 U.S. Code § 1621 can include:

• Up to 5 years in federal prison
• Fines up to $250,000 for individuals or $500,000 for organizations
• Up to 3 years supervised release after prison

However, first-time offenders often get probation instead of prison if they have no criminal history and the false statements did not substantially interfere with the proceeding. Sentencing judges have wide discretion to consider mitigating factors under 18 U.S. Code § 3553. These include things like:

• Your background and character
• Whether you accepted responsibility
• If others were involved in the offense
• If the perjury was an isolated incident
• If you cooperated with authorities

Judges will also consider if the perjury caused significant harm or obstruction. The less impact it had, the more lenient they may be. First offenses with no major damage may get probation instead of jail time.

Getting Legal Help for Perjury Charges

Dealing with federal criminal charges is scary. But an experienced lawyer can help protect your rights and future. If you are being investigated or charged with perjury, it is critical to get legal help immediately. A knowledgeable federal criminal defense attorney can:

• Advise you on your rights and options
• Negotiate with prosecutors for reduced charges or penalties
• Challenge flaws, mistakes or lack of evidence in the government’s case
• Present evidence and defenses that counter the allegations
• Make compelling arguments to persuade judges at hearings and sentencing

With an aggressive defense, many people accused of perjury avoid jail time. Don’t take chances with your freedom. Get experienced legal help fighting federal perjury charges.