Asked 8/12/2016 – Houston, TX

If a witness lied on the stand, in another case that ruined someone else life and sent that person to prison. Can they get their own sentence reduced if they recant and tell the truth about the case they lied and testified on.

Answer

Lying under oath is perjury. Perjury is a criminal offense and, depending on the circumstances, can be a misdemeanor or felony (See Texas Penal Code Sections 37.02 & 37.03). Law enforcement is the only entity that can institute criminal proceedings. If a report is filed with the appropriate police department, and an investigation discovers enough evidence, the matter can be referred to the District Attorney’s office for prosecution. Don’t expect, however, to be able to go to the police station, say: “So and so lied about such and such!”, and expect charges to be filed. Substantial evidence must be provided.