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by cassbot 2352 days ago
IANAL but my understanding was that lying to the police opens you up to obstruction of justice charges -- or perjury.

For instance, I learned from law professor James Duane's video that Martha Stewart would have completely avoided prison time if she had not lied to investigators.

https://www.youtube.com/watch?v=d-7o9xYp7eE&feature=emb_titl...

2 comments

Lying in court is always* illegal. Lying in general, e.g "I didn't steal anything", "I only had 2 beers", "These aren't my pants", is not inherently illegal. All of these are lies I've been told.

As a cop, if you get caught lying, i.e. intentionally false testimony in court, your career is effectively over. Any defense attorney can bring that one time you got caught lying up in court, discounting your entire testimony on every case forever, making you useless. No matter how bad you screw up as a cop, the number 1 rule is don't lie about it in court.

*Maybe not in some jurisdictions? But realistically yeah, always

> Lying in court is always* illegal.

So if you plead not guilty to some crime, and they find you guilty, do you get prosecuted for lying in court with your plead as well as for the original crime?

I believe that entering a plea doesn't count as testimony, thus isnt subject to perjury laws. Most of my cases were plea deals before trial, or were cases where the defendant did not testify. Saying "not guilty" also doesn't necessarily mean you didn't do anything, you may honestly believe at that point, and make the argument, that the thing you did was not illegal.
What about Alford pleas? I thought they existed so that you could reserve the right to appeal or avoid a civil action by avoiding an admission of guilt while acknowledging that you will likely be convicted.
IANAL but from what my lawyer friends have told me an Alford plea is practically the same as a guilty plea for purposes of appeal. In other words, it's very difficult to appeal an Alford plea. Seek legal advice before considering an Alford plea.
Pleading isn't considered "testimonial".

Typically, one is only "sworn in" prior to giving testimony.

A plea is not a statement of fact, is it? It's your opinion and true by definition.
In Brazilian (Roman?) law, you can lie if you are one of the sides, not if you are a witness.
> "These aren't my pants"

I'd love to hear the context for that one :)

Here's an "unusual" one I read about recently:

> He denied having any ID, claimed he could not remember his Social Security umber, and said his name was “Mr. Horrell.”

> After police found a photo ID in the vehicle, he claimed the person pictured was his “identical cousin.”

---

He was arrested and charged with "privacy invasion and refusal to identify himself". He was acquitted of the former and convicted of the latter -- only to have it later overturned.

So, in this particular case, I suppose he won.

[0]: https://www.theindianalawyer.com/articles/24168-court-refusa...

Guessing there were drugs in one or more pockets.
Never works. I was driving my friend’s car. I had a tire burst on me. I pulled over to the side of the road. Cops showed up in a few minutes and charged me with reckless driving. Made me take three different breathalyzers. I hadn’t been drinking so obviously it showed “well below the legal limit”. But my friend apparently had an empty beer can in the back.

You can never say it wasn’t yours, apparently. In any case, paid the fine. Oh well.

Is it illegal to have an empty beer can in your car?

A couple of German exchange students once told me that you can drink in a car while the car is moving as long as the driver doesn't drink anything.

You have to understand, much of he law that pertains to using a motor vehicle in the US is a pretense to legitimize traffic stops, which are then used for some other purpose (mostly busting drivers for more serious crimes, or else extracting fines from out-of-towners/minorities).
That's state dependant. Here is determined by the total volume of alcohol. A beer with a few sips left wouldn't count
In the US, it is.
afaik even the driver may drink. But he is not allowed to be drunk (measured by some test).
Hitching in the 80s, I got picked up by this guy who was drinking beer while driving. That worried me some. But I was shocked when he threw the empty out the window. And when I commented on it, he pointed out that littering was the safest option.
She lied to federal investigators. That's illegal. Lying to local or state police, not so much.
Since local or state don't prosecute securities violations, yeah, I guess your right. But there are perjuries that can be committed at the local level, depending on the jurisdiction. Don't assume you can blow smoke and get away with it.
It's not just those feds. Lying to the FBI is a very bad idea. And even if you're guilty of something, they may let it go if it's not their focus. When the feds were first looking for the source of recreational drugs found by the postal service, they interviewed recipients. And as I recall, they didn't prosecute many (any?) of them. Or at least, not end users.