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  1. #1
    Join Date
    Sep 2007
    Posts
    1

    Default Officer false testimony under Oath resulting in Grand Jury Indictment?

    I was arrested and charged in Illinois with 720 ILCS 550/5D, Cannabis possession greater than 30g but less than 500g. By police report, and by sheer fact, the amount was significantly less than 500g, by @ absolute least 100g.

    The charges were dismissed at a preliminary hearing on a technicality. Two months later, I was notified that a Grand Jury, that I had been indicted.

    My lawyer recieved a copy of the indictment transcript, and I just read it.

    The officer testifying before the grand jury, under oath, stated very clearly that the amount was greater than 500g, and less than 2,000g, which is a different (and worse) charge, 720 ILCS 550/5E.

    Evidence will certainly show less than 350g. I am 100% certain of this. There was absolutely no more than that at most.

    Also, I was never charged with possession between 500g - 2,000g, so how can I be indicted for something I was never charged with?

    The officer's testimony under oath is clearly false, and I am shocked that the Grand Jury did not notice.

    Is it illegal for an Officer to overstate possession amount (by well over 100g) during sworn testimony under oath ?

    What are the penalties for the officer, if any ?

    And can this affect my case ?

    Thank you so much for any responses.

  2. #2
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Officer false testimony under Oath resulting in Grand Jury Indictment?

    It's possible the officer can be charged with perjury. I have seen similar cases where lying police officers face criminal charges.

    As for the grand jury. I don't think the officer played much role in the indictment. Sure it hurt your defense, but a grand jury would have indicted you anyway. No matter how weak the case is grand juries almost always indict. It shouldn't be this way, but it is.

    "A grand jury will indict a ham sandwich" - Judge Sol Wachtler

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Officer false testimony under Oath resulting in Grand Jury Indictment?

    There are usually clear indications at numerous points in the police and lab reports from controlled substance cases, indicating the weight of contraband seized.

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