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Police Lying on the Witness Stand

2/18/2014

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LA Criminal Defense Attorney
Lying is an important part of police work.  Yes, you read that correctly...police can and do lie to suspects, defense attorneys and anyone else they think will help them do their jobs.  In fairness, most of the criminals they're chasing are dishonest with them.  Police lie to elicit confessions, locate and identify contraband and as needed to help them solve crimes.  While it does bother me, as a criminal defense attorney, that police can lie to the extent that they trick citizens into losing valuable rights, I am much more troubled when I see them tell a lie on the witness stand.  Under oath, representing our government in a process meant to preserve the rule of law, I have witnessed MANY officers knowingly give false testimony in court proceedings. 

Even when caught in the lie (and often telling more lies to try to escape being caught in a lie), I have not seen the DA rush to file charges against their FELON witness.  Perjury is a felony and harshly prosecuted in some circumstances, but why would the District Attorney's office want to punish the police for the lies that give them their convictions?  If a defense witness made up stories like the police do for the prosecution, they would be at risk of needing their own defense attorney.  Judges and prosecutors all seem to ignore this common practice and tacitly allow this serious crime to take place in the courtroom on a daily basis.

Still, what bothers me even more is that the public is not aware of just how common this is.  It's happening right now, in a courtroom near you.  It's so common, in fact, that it has a name:


The phrase "Testilying" was brought to public attention by defense attorney Alan Dershowitz:

"For anyone who has practiced criminal law in the state or Federal courts, the disclosures about rampant police perjury cannot possibly come as a surprise. 'Testilying'—as the police call it—has long been an open secret among prosecutors, defense lawyers, and judges."

It is estimated that 10,000 people are wrongfully convicted in the United States each year.  It's time to make this "standard practice" go away!

Police might very well lie on the witness stand in your case.  Even if there is not strong
enough evidence to get a conviction, police officers might offer false testimony to lock you up.  This is where having an experienced, knowledgeable and passionate criminal defense attorney on your side comes in.  Through effective cross examination and witness impeachment, your Los Angeles Criminal Defense Attorney can expose the lies, make it obvious to the judge or jury that the officer is being untruthful and use those lies to call into question the reliability of any of the evidence against you.



Police have long been able to get away with all sorts of misconduct.  From planting and falsifying evidence, to using excessive force, police are often shielded from prosecution and other punishments.  This is starting to change as the public is becoming more and more aware of how untrustworthy many police officers are.  As video cameras have become so common, objective evidence and the possibility that an event was captured by video should serve to keep police a bit more honest.  It takes a skilled, passionate and aggressive criminal lawyer to expose these police lies.


If you or a loved one has been arrested or charged with a crime in Los Angeles, contact the Law Offices of Nicholas Loncar now for a free consultation with a criminal defense lawyer.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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