Results 1 to 2 of 2
  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default Lying on the Public Defender Financial Statement

    My question involves criminal law for the state of: California.


    Hello,

    I know that under Rule 16 of San Fransisco Superior court it says :

    A written financial statement, signed under penalty of perjury, is required from each outof-
    custody person requesting representation by the Office of the Public Defender, private
    counsel pursuant to Harris or ancillary services. The financial statement is to be taken on a
    printed form provided for that purpose. In-custody individuals may be directed to complete a
    financial statement where the Court concludes, based upon inquiry of the applicant that the
    applicant's or spouse's income and/or holdings, or other financial information, suggest the
    applicant may not qualify for appointment of counsel.



    And also:

    Each applicant is advised that the financial statement is confidential and privileged and is not
    admissible as evidence in any criminal proceeding except the prosecution of an alleged offense
    of perjury based upon false material contained in the financial statement.

    My questions are:

    1.According to my limited understanding this mean that if someone have lied he can be prosecuted for perjury, am I right or wrong here?

    2.Also how can anyone start this process and provide evidence that someone have fraudulently used the public defense?


    Thanks for your time.

  2. #2
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: Lying on the Public Defender Financial Statement

    Quote Quoting ohadohad2
    View Post
    My question involves criminal law for the state of: California.


    Hello,

    I know that under Rule 16 of San Fransisco Superior court it says :

    A written financial statement, signed under penalty of perjury, is required from each outof-
    custody person requesting representation by the Office of the Public Defender, private
    counsel pursuant to Harris or ancillary services. The financial statement is to be taken on a
    printed form provided for that purpose. In-custody individuals may be directed to complete a
    financial statement where the Court concludes, based upon inquiry of the applicant that the
    applicant's or spouse's income and/or holdings, or other financial information, suggest the
    applicant may not qualify for appointment of counsel.



    And also:

    Each applicant is advised that the financial statement is confidential and privileged and is not
    admissible as evidence in any criminal proceeding except the prosecution of an alleged offense
    of perjury based upon false material contained in the financial statement.

    My questions are:

    1.According to my limited understanding this mean that if someone have lied he can be prosecuted for perjury, am I right or wrong here?

    2.Also how can anyone start this process and provide evidence that someone have fraudulently used the public defense?


    Thanks for your time.
    Whenever one signs something which has penalty of perjury clause and has knowingly provided false information, s/he may prosecuted for perjury.

    You'd have to show 3 things to the prosecuting authority: said person filled out such a form and signed it, the information is not correct, and that the person knew it wasn't accurate.

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: How to Get a Public Defender
    By HLN9223 in forum Criminal Charges
    Replies: 1
    Last Post: 08-01-2011, 07:41 AM
  2. Court-Appointed Lawyers: Do I Really Need a Public Defender
    By nomic in forum Criminal Defense Lawyers
    Replies: 2
    Last Post: 03-18-2009, 09:33 AM
  3. Court-Appointed Lawyers: Getting A New Public Defender
    By gusby in forum Criminal Defense Lawyers
    Replies: 6
    Last Post: 10-16-2008, 10:13 AM
  4. Garnishment and Execution: Declaring HSA's On A Financial Disclosure Statement For Garnishment
    By Schreech in forum Civil Procedure
    Replies: 2
    Last Post: 06-07-2008, 10:13 AM
  5. Retail Fraud / Shoplifting: How Do I Get A Public Defender?
    By umyeah123 in forum Criminal Charges
    Replies: 13
    Last Post: 06-02-2008, 03:47 PM
 
 
Sponsored Links

Legal Help, Information and Resources