Newark, New Jersey Perjury Attorneys

Perjury - A False Statement, Under Oath, in an Official Proceeding

Under the New Jersey Criminal Code, Perjury is the falsification of the facts, under oath, in an official hearing or proceeding. The 'official proceeding' includes legislative, judicial and administrative proceedings, where testimonial evidence is given under oath. Among others types of proceedings, this includes hearings before a judge, a legislative body, a police officer investigating a criminal case, a Grand Jury, and an arbitration hearing.

The False Statement

A "Statement" is any representation (including an opinion) where the truthful facts do not support the statement, made by a person who did not believe that their statement was truthful. The State must prove that the statement was actually false. A misleading omission is not a "Statement" under the N.J. Code.

The State must also prove that the "Statement" was "Material". The test of "Materiality" is whether the false "Statement" could have affected the course or outcome of the proceeding. False Testimony will be considered to be "Material" to establish Perjury whenever it directly or circumstantially proves the central issues of the proceeding.

The State must be able to corroborate their proof of falsity. The State can do this by documentary evidence, or corroborating circumstance. The State does not have to bring in another witness to testify in order to corroborate the falsity.

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False Swearing

False Swearing does not require that the "False Statement" be made in an "Official Proceeding"; and, there is no requirement that the State prove either "corroboration" or "materiality" in order to convict you of this crime. The State must simply prove that the statement was false; given under oath or affirmation; and, that you did not believe the Statement to be true.

Defending Clients Charged with Perjury and False Swearing

We have successfully defended clients charged with Perjury, False Swearing, and Unsworn Falsification throughout New Jersey. These are serious charges, which can result not only in a prison term, but in cases where the "falsification" affects your employment or professional license, with irreparable damage to your career and the loss of your job and professional license.

At Bailey & Orozco, we believe in the value of a strong and experienced defense. Contact us, we will get to know your case, we will listen to you, and we will help you protect your rights.