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to PERJURY or NOT perjury ?????

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notes4chuck

Junior Member
What is the name of your state? NM
I was involved in a cival hearing in the 5th judicial district were I represented my self and one of the witness's was the chief of police's secretary. one of the questions I asked her was! "when you applied for your notary was their an oath or something that you had to take stating that you would so hardly," Be for I could finish She replied " no their was nothing like that,No nothing at all." I have recived since than, a copy of her application for her commision. IN BIG BOLD LETTERS it reads" STATE OF NEW MEXICO OATH OF OFFICE" and her signature is affixed.I have the recorded transcripts from the hearing on tape and the copy of the application.
My Question is] with my evidence ,is the Da's refusal to file charges for perjury on this witness a violation of due prosses?
 


Some Random Guy

Senior Member
The DA has the right to file or not file charges as they see fit. Failure to remember a fact from a long time ago that may be completely irrelevant to any court case hardly seems to be worthy of a perjury proescution.

The notary's due process rights have not been violated since she is not in jail without a trial. You are not a party to the crime. The notary and the court are.

If it is really that important, it may be grounds for an appeal, but that seems like a huge stretch.
 

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