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[quote=Anonymous][quote=Anonymous]Question for the experts:
We know he’s lying. Technically this is perjury, no? How can they prove that? How does it work?[/quote]

A defendant is not legally prohibited from making false statements in his own defense. Under both Virginia law and long-standing constitutional principles, a criminal defendant has the right to testify or to remain silent, and the burden rests entirely on the Commonwealth to prove guilt beyond a reasonable doubt. Statements made by the defendant are subject to evaluation by the trier of fact, which determines credibility and assigns appropriate weight to the testimony.

While knowingly making a false statement under oath concerning a material fact may constitute perjury, the mere existence of conflicting testimony or an assertion of innocence does not automatically give rise to a perjury charge. Issues of truthfulness are resolved through cross-examination and credibility determinations, not through immediate or separate prosecution.

Accordingly, if the defendant is found guilty, any false testimony is subsumed within the verdict, and no additional action is required. If the defendant is found not guilty, the case is dismissed, and the matter is concluded, as the Commonwealth cannot pursue further charges based solely on the defendant’s testimony in support of his defense.
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