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Does D giving false name to magistrate = Aggravated Perjury? Login/Join 
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Just a few minutes ago, I got a phone call from one of our local investigators. He wants to file Agg Perjury charges on a guy who gave a false name to the JP who magistrated him. He wanted to know if he should go under "official proceeding" or "court" on the complaint -- he was looking at his charging manual. After hanging up with him, I did a quick search on Lexis & didn't find any cases out there that look like this set of facts.
I have a couple of questions: 1) Is being magistrated an "official proceeding"? 2) Is giving a false name "material"? Someone out there must have dealt with this before, so I look forward to a flood of replies, and I'll be really grateful for one really good one.
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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We have handled those as Tampering with a Government Record by focusing on false entries on such documents as booking sheets. Or, you can look at Securing Execution of a Document by Deception (the bond). Aggravated perjury would be the hardest.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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I didn't know this before, but the guy gave a false name to magistrate & bonded out. How about an escape charge? Is that the kind of situation you've had before?

Now, do you think the agg perjury is harder to prove because of the "official proceeding" or the "materiality" or something else?
 
Posts: 176 | Location: Hempstead, TX, USA | Registered: June 02, 2005Reply With QuoteReport This Post
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If anyone will be harmed or defrauded as a result of his use of a false name and ID info this may work; SJF.
 
Posts: 61 | Location: Palestine, Texas USA | Registered: April 26, 2005Reply With QuoteReport This Post
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