Legal question...

[Nsane2Bme]

If a defendant is caught lying to the Prosecuting Attorney – what will happen?

I’m guessing not a damn thing, but I thought I’d see what you guys think on this wonderful Friday afternoon.

[AWSmith98]

Is said client (i.e. SD) under oath?

[Airshark]

If a defendant is caught lying to the Prosecuting Attorney – what will happen?

I’m guessing not a damn thing, but I thought I’d see what you guys think on this wonderful Friday afternoon.

Depends. In a Federal case, he's very likely charged with perjury. In any case, one would think he's more likely to lose the case.

[Schwahalala]

Happens all the time -

In baseball he says I misremembered.

[Nsane2Bme]

Is said client (i.e. SD) under oath?

I don't know. I wasn't there. His attny called the PA prior and they set up a plea for him. However the sentance from the plea didn't include the back child support he owes. So I started asking questions and digging and found out that the information he provided to the PA, was inaccurate, unless this is the year 2004. When I woke up this morning it was 2008 and it still is as far as I know.

[sportschick]

I don't know. I wasn't there. His attny called the PA prior and they set up a plea for him. However the sentance from the plea didn't include the back child support he owes. So I started asking questions and digging and found out that the information he provided to the PA, was inaccurate, unless this is the year 2004. When I woke up this morning it was 2008 and it still is as far as I know.

I would think that the plea they worked out is now out the window...and at best, SD will have to get his atty to work another deal...

[Airshark]

I would think that the plea they worked out is now out the window...and at best, SD will have to get his atty to work another deal...

That's assuming the prosecutor wants to pursue it. He might just keep the deal to clear the case from his stack.

[Iowa_Card]

That's assuming the prosecutor wants to pursue it. He might just keep the deal to clear the case from his stack.

I'd tell the PA to bring this little issue up to the judge during the plea hearing.

I bet the judge doesn't accept the plea deal due to this issue.

There's a difference between not telling a PA something and lying to them. If the plea deal would have been altered had the lie not been told then I would presume that the Judge would have a very good reason to deny the plea deal.

[sportschick]

I'd tell the PA to bring this little issue up to the judge during the plea hearing.

I bet the judge doesn't accept the plea deal due to this issue.

Well, and Nsane can explain it better if she is still on, but SD, from what I understand, has pissed off the courts because he has somehow avoided getting his butt to court for this issue for the past year...so it is possible that the judge/PA won't go for things the way they were arranged, since they caught SD in a lie...

[madyaks]

You could even let the judge know, and the judge can do what he or she wants too.

[Iowa_Card]

Well, and Nsane can explain it better if she is still on, but SD, from what I understand, has pissed off the courts because he has somehow avoided getting his butt to court for this issue for the past year...so it is possible that the judge/PA won't go for things the way they were arranged, since they caught SD in a lie...

I'm surprised the judge hasn't held him in contempt of court and issued a bench warrant for him (unless he/she already has).

If I were Nsane I'd make damn sure that he is caught on this lie.

[Schwahalala]

Well if it's SD -

Then lets hope he has violated the initial agreement -
That's fraud.

Kick his ass.

[Nsane2Bme]

If the PA keeps the same deal - then he won't have to pay the back child support. That is the reason all of this is happening.

I'm lucky enough that I can live w/out him paying child support. However, he is supposed to pay it and he should pay it. He has the money to pay it, he choses to come up with every avenue possible to get out of paying it - i.e. lying to the PA about filing for Ch. 13 and the back child support being part of the repayment plan...when in fact, that's NOT the case. So, all of this is about the principle of the matter.

[Iowa_Card]

If the PA keeps the same deal - then he won't have to pay the back child support. That is the reason all of this is happening.

I'm lucky enough that I can live w/out him paying child support. However, he is supposed to pay it and he should pay it. He has the money to pay it, he choses to come up with every avenue possible to get out of paying it - i.e. lying to the PA about filing for Ch. 13 and the back child support being part of the repayment plan...when in fact, that's NOT the case. So, all of this is about the principle of the matter.

Why would the PA propose that deal? Don't you get a say in the child support deal?

The fucker should get his nuts lopped off for being a ginormous dickhead.

[sportschick]

Why would the PA propose that deal? Don't you get a say in the child support deal?

The fucker should get his nuts lopped off for being a ginormous dickhead.

I'm gonna guess because SD made it sound like he was actually paying the back child support, as part of his bankruptcy settlement, which, is not true...

Good luck, T