Legal Question in Criminal Law in Oregon

What happens if an officer of the court lies?

I was arraigned in criminal court and while listening to the clerk who makes bail or own Re-cog recommendations to the judge I was astonished to here that bail was recommended in my case due to a meeting I requested while in jail with a mental health counselor. I was denied re-cog because it was stated that the councelor felt that I might be a danger to myself or a flight risk. Nothing could be farther from the truth, furturemore, in a phone conversation with the same counselor she vehmently denied any such recommendation and said not only could she not discuss what we talked about privately, but that she had not even written a report about our visit and that it is Never information given to the court. So someone is lying. How can I presume to get a fair trial in this case? Can it be dimissed on this issue?


Asked on 12/14/08, 4:13 pm

1 Answer from Attorneys
Erin Fitzgerald Case & Dusterhoff, LLP

Re: What happens if an officer of the court lies?

You should talk to your attorney. It's possible that you can get a rehearing regarding release. Your attorney might tell the judge that the information given by the state in the previous release hearing was incorrect and the judge might refund your security (assuming you are released on security right now). Also, depending on the county you are in, you are likely to have a different judge hearing your trial. In addition, you can request a jury trial, in which case the judge would not be the one deciding the facts. It is unlikely that this one issue could get the case dismissed. If the facts of the case still support the DA's case, then the case will go forward.

In my experience, judges tend to err on the side of caution when told that the defendant is possibly suicidal. I'm not sure why the DA would have given the counselor's statements if they were untrue, but it's possible there was a mix-up. It wouldn't be the first time.

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Answered on 12/15/08, 2:19 am


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