Legal Question in Criminal Law in New York

Is a written letter or a voice mail considered perjury?

After my ex-boyfriend was arrested for hitting me, he asked me to write this letter and record a message on his answering machine saying that the police misrepresented the situation, that he didn't hit me and that it was a big misunderstanding. I didn't think I was doing anything wrong, and he told me if I didn't do it, he would be deported. Now the letter is in the hands of the City. They have subpoenaed me as a witness because my ex sued the police for false arrest. He used the letter to his advantage and now wants to get money from them. Am I in trouble now? Do I face perjury charges with this letter and tape?

Asked on 10/12/02, 2:58 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes
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Re: Is a written letter or a voice mail considered perjury?

Perjury is false testimony given under oath.

So, for example: if someone were to testify under oath that "abc" happened - - when, in truth, the person testifying knew that what happened was "xyz" - - the testimony would be, obviously, false and possibly perjury.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 10/12/02, 4:45 pm

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