Cop lied in court

[Starxdazed]

I was just wondering, I got a ticket for having a cellphone in my hand even though it wasn't in use. So I went to court and pled not guilty and decided to fight it. The cop showed up at my trial and completely lied about the incident. I had no evidence at that time to show it but after the sentence was already given I wanted to see if I could at least have something done to the cop for lying so I went back and got evidence. I know during court they have everything recorded. I have all the evidence I need but would I be able to do something about it even if the case is closed? Please answer this was in Downey California

[marinepilot]

You come to a Law Enforcement forum to ask how to attack a cop that you think lied in court? I don't think you're question is going to be too well received. I would suggest you speak to a lawyer because nobody here is going to help you in this endeavor...

[Starxdazed]

But I'm not asking in a bad way justice is justice isn't it? It's not what I think I am for sure. Im in no way trying to be disrespectful but I was done wrong by the law. Don't I have a right to at least get justice? I'm stating I have clear evidence of his false accusation. You guys have a whole section about honesty and I'm taken as I'm trying to attack a cop?

[Starxdazed]

And for cops who do read this I am in no way trying to attack a cop. Honesty is what you guys go by and I would never ask a cop on cop sites if they thought I was trying to "attack" I really thought someone would be able to understand of why I asked this question and maybe give me an advice. A simple nothing can be done would of been a better answer but to say Im trying to attack a cop is just unnecessary. I just wanted justice if I wad able to get it. Just because he's a cop doesn't mean he could lie. And I wouldn't have done this if I didn't have any evidence so please I ask you guys not to take this in a negative way.

[Kimble]

And I wouldn't have done this if I didn't have any evidence...

I've been doing this job long enough to know that not everyone who claims they've been wronged by a cop is telling the truth (or at least the full story). I can't say whether that's the case here or not based purely on your posts above, but you keep mentioning having "evidence," specifically what are you talking about that would show the officer lied under oath. Knowingly lying under oath is a very serious offense, cops go to prison for doing so, but so to does making a false claim about this. If what you say is 100% true then it needs to be reported, but with you only saying "I have evidence" that tells us absolutely nothing about the facts of the matter.

If you want any relevant feedback here about your situation, be specific about the evidence you have, otherwise this is all just a guessing game, and most of us will probably guess your story is questionable.

[deputywave]

We are police officers and can not give you legal advice. Consult an attorney for the advice you are looking for.

[retdetsgt]

I'm not going to say you're wrong, we hire from the public and not all cops are perfect.

However, this isn't the forum to complain about it. You need to talk to a lawyer if you want to do something about it. No one here can help you.

[mcsap]

So if this forum didn't exist you would have done nothing ? If you feel a crime was committed , go to the head Law Enforcement Officer in the city / county....the DA.

[Joeyd6]

1) Most states do not require you to be "on the phone." Its called hands-free for a reason...aka two hands have nothing in them but the steering wheel. The law in CA is very simple: " A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving."

2) You accuse the cop of lying. Strong accusation, howevere I am sure that the cop would not risk perjury charges, going to jail, being fired and loosing his job and pesnion over a cell phone ticket. I am sure he testified what he/she saw and any reasonable conclusions from such. AKA- a person holding a cell phone while driving is likely using such at the time. You gave your sid eof teh story. The judge made a decision based on appearance, testimony and evidence presented. Obviously you did not appear credible and gave no defense.

3) You calim you have "evidence" to suggest otherwise. I am assuming it is a print out of your calls. You were given a court date and time, showed up, and brought no evidence? After you got convicted because you brought no evidence, you want the criminal justice system to spend time and money to give you a second chance to prove you case? You have never watched Judge Judy? People's Court? Judeg Alex? School ever teach you about the courts? You bring evidence to court to prove your innocense when you have a court date, not after such when you decided you don't like the fact you lost.

4) The fine in CA is $25 for a first time offense. Really......this much effort over $25?

Maybe you should have considered all this before your court date.

[Aussie George]

The legislation here says "use a mobile phone"

To get off the charge one time, this guy tried to tell me that he was using the antenna to scratch his ear. I told him that despite that story sounding like BS, it didn't matter what he was "using" the phone for he had committed the offence and he was getting the ticket, and thanked him for making a full and frank admission on tape.

As per the OP...yes we do believe in honesty. We are also very skeptical of people because most of them lie to us, especially to get off tickets or out of charges. It comes with the territory. Go see a lawyer or your local PD if you think the officer was lying. Be prepared to prove it though, other wise get over it.

[Starxdazed]

Whoaaa like really I don't know why you guys are taking this to such a high offense but first off I was not saying the evidence was regarding using my cell phone. I understood that having it in my hand was a ticket. The story he told was he was driving on the left side as he was driving by me he saw me on his right hand side that I was holding a cell phone cuffed to my ear so he basically pulled me over. Wen the judge gave me time to ask questions tom the cop I asked him you sure you pulled me over because you saw me on the right hand side again he specificlly said that he did. Now the street he said he saw me using my cell phone is a one street only it only has one lane and there was no way he would of been able to be on my left side. I can't prove the fact that he was being dishonest about him seeing my hand cuffed to my ear but I am no way trying to be dishonest and cause all this trouble for nothing. And no it's not 20 dollars its 185. U really think I'd make a big deal over 20 dollars? If I knew he was going to be dishonest I would of been able to do more research. I just found out ur able to do a discovery but please you guys know there's a lot of crooked cops I just needed advice.

[Starxdazed]

Wasn't complaining it was a simple question that I thought you guys would see from the people view and try to understand then take this as I'm committing an offense

[Aussie George]

I don't know enough about the laws in your area, but that sounds like things that should have been brought up in your defence at court.

And if what the officer said is wrong, it does not always mean that he is lying.

I stopped a guy once who I had seen driving around earlier that night. I commented that I saw him driving fast at a certain location earlier that night, and he denied it. I was adamant that he was the driver, I recognised his hat, his glasses, everything. His car was a rather unique car and I was getting really ticked off that he was lying to me.

Then it dawned on me that i had seen him, but at a different location and he was not the car I had seen driving like an idiot. The idiot driver I had in fact seen was driving a similar unique car on the other side of town at high speed.

Point being that I was 100% positive that my initial recollection was correct and that he was lying, until I realised I had made a mistake.

Not saying that the officer in this case made a mistake as I wasn't there, but just pointing out that there is a big difference between lying and making a mistake. Cops after all are human.

Again, though, this is the sort of thing you should probably have raised in court as a defence, and you may not have another chance at court, depending on the appeal process in your area.

BTW, when I realised my mistake, I apologised to the driver and explained why I had made the mistake.

In ten years, I suppose one mistake is allowed.

[Starxdazed]

I understand and that is all I ever wanted. Like I said I would of done a discovery if I knew that statement was going to be made. But this cops personality wish you guys would see what kind of cop he was. He was just mean and even when he pulled me over he would not let me have anything to say and the only thing he kept repeating after I kept trying to ask why i got pulled over for all he said was license and registration and if u want to fight it then fight it in court hence why I ended up at court. I really am not trying to get him fired I just thought for someone to swear upon court that he's telling the truth and to have him say a false statement to get me to pay the full fine was just appalling. And I saw a chance to show that it was false so I wanted to take it.

[marinepilot]

Whoaaa like really I don't know why you guys are taking this to such a high offense but first off I was not saying the evidence was regarding using my cell phone.

See the bolded ENLARGED quoted section below and you may understand why we are taking this to "such a high offense."

I understood that having it in my hand was a ticket. The story he told was he was driving on the left side as he was driving by me he saw me on his right hand side that I was holding a cell phone cuffed to my ear so he basically pulled me over. Wen the judge gave me time to ask questions tom the cop I asked him you sure you pulled me over because you saw me on the right hand side again he specificlly said that he did. Now the street he said he saw me using my cell phone is a one street only it only has one lane and there was no way he would of been able to be on my left side. I can't prove the fact that he was being dishonest about him seeing my hand cuffed to my ear but I am no way trying to be dishonest and cause all this trouble for nothing. And no it's not 20 dollars its 185. U really think I'd make a big deal over 20 dollars? If I knew he was going to be dishonest I would of been able to do more research. I just found out your able to do a discovery

So, you say you understand that even just holding the phone in your hand was a ticket, but then later state you "can't prove the fact that he was being dishonest and cause all this trouble?" Basically you're telling us that you 1) were committing the crime you pulled over and cited for, and 2) you know want to try to prove the officer was lying about what you just admitted to be true and cause trouble.

but please you guys know there's a lot of crooked cops

I think this is the statement most of us will have problems with, at least I know I do. I DON'T know that "there's a lot of crooked cops"! By definition then, we can assume you are stating that many of us here on this board are crooked cops, since "there's a lot" out there. I don't know about you, but I don't appreciate someone who has lied in a statement directly above coming here to my online house and calling many of us crooked. This is why we are taking such offense, or at least I am.

I understand and that is all I ever wanted. Like I said I would of done a discovery if I knew that statement was going to be made. But this cops personality wish you guys would see what kind of cop he was. He was just mean and even when he pulled me over he would not let me have anything to say and the only thing he kept repeating after I kept trying to ask why i got pulled over for all he said was license and registration and if u want to fight it then fight it in court hence why I ended up at court. I really am not trying to get him fired I just thought for someone to swear upon court that he's telling the truth and to have him say a false statement to get me to pay the full fine was just appalling. And I saw a chance to show that it was false so I wanted to take it.

You should have had your defense ready to counter whatever the story was. Sounded like you questioned the officer with the knowledge that the street was a double lane road and he would not have been able to be on your left at the time of the court case. You should have disclosed that fact then. Since you didn't, the judge decided the way he did believing the officer instead of you and found you guilty and fined you as required. Unfortunately, none of us were there to see the attitude of the officer, nor, as I point out, YOUR attitude (since we're only getting one side of the story here, I figure it's worth letting you know that maybe YOUR attitude dictated HIS attitude). Don't worry about getting him fired, I'm pretty sure that's not even an option here.

You've been given - multiple times - some good advice as far as contacting a lawyer as no law enforcement officer is going to give you legal advice of any kind, and I hope now you understand why ESPECIALLY not in this case.