Thinking About Lying in Court? Think Again (U.S.S.G. 3C1.1)
We all know that lying is bad and lies can come back to haunt you. But lying in court can have serious, immediate legal consequences. The Ninth District U.S. Court of Appeals recently gave us a glimpse into what can happen if you lie to the court.
United States of America v. Terazze A. Taylor (D.C. No. 2:12-cr-00195-JLR-4)
Terazze Taylor was arrested for submitting fake travel vouchers to the Veteran’s Administration in 2012. Taylor was a veteran of the Iraq war and was constantly traveling to a VA medical center for medical appointments. Seeking reimbursement for his travel expenses, he allegedly gave incorrect addresses on his reimbursement forms. This allowed him to increase the amount of his reimbursements by $165.1
According to court documents, Taylor fraudulently received $16,599 in travel reimbursements from the U.S. Department of Veterans Affairs in total. He was arrested and released on bond with the condition that he not commit any further crimes. He was also ordered to wear a GPS monitoring bracelet so that he would not flee.
Shortly after his release, Taylor was charged with domestic violence for allegedly assaulting his ex-girlfriend. The charges were dropped but a bond revocation hearing was scheduled to determine if he violated the terms of his release.
At the hearing, two eyewitnesses and two police officers testified that they saw Taylor physically assaulting his ex-girlfriend. Taylor testified that he never physically assaulted her and was just trying to stop her from driving her car while she was on medication.
Because two independent witnesses and two police officers said they saw him physically assaulting his ex-girlfriend, the judge believed he did, meaning Taylor lied in court. He was sentenced for defrauding the VA and the sentence was enhanced for obstruction of justice.2
Obstruction of Justice Enhancement (U.S.S.G. Section 3C1.1)
Under U.S.S.G. Section 3C1.1 you can receive a harsh sentence for obstructing justice. Taylor eventually pled guilty to defrauding the VA. However, his sentence was given a two-level enhancement under Section 3C1.1 for allegedly lying at the bond revocation hearing.
You are eligible to receive a two-level sentence enhancement if:
- You willfully obstructed or slowed, or attempted to obstruct or slow, an investigation, prosecution or sentencing hearing;
- The obstructive conduct was related to your offense; and/or
- The obstructive conduct was related to a closely related offense.3
“Obstructive conduct” under 3C1.1 includes committing or attempting to commit perjury or providing false information to a judge. In other words, if you willfully obstruct the prosecution of your alleged crime by lying or giving any misleading information, your sentence can be enhanced.
Taylor appealed the enhancement of his sentence. He argued that because he lied about the domestic violence allegations and not about defrauding the VA, his obstruction was not related to the original offense. The Court of Appeals said that the bond revocation hearing was a “pretrial” for his trial for defrauding the VA. Lying to any pretrial judges warrants a sentencing enhancement for obstruction of justice.4
Contact a Criminal Defense Attorney if You are Charged with Lying in Court
Lying in court can carries serious consequences. Going through a trial is a stressful situation, but giving false information during the proceedings may lead to an even harsher penalty. If you are facing allegations of obstructing justice, you need a skilled attorney to help you avoid a sentencing enhancement. The attorneys at Wallin & Klarich have been aggressively defending our clients facing criminal charges for over 40 years.
With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, our knowledgeable attorneys are available to help you reach the best possible legal outcome.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. [http://cdn.ca9.uscourts.gov/datastore/opinions/2014/04/18/13-30040.pdf]↩
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