They would have to prove that you actually do. Also it might be the lesser charge regardless, so it's worth it to take the chance. For example, if there's an

They would have to prove that you actually do. Also it might be the lesser charge regardless, so it's worth it to take the chance. For example, if there's an email with Holmes talking about how she's about to lie by saying "I don't know" on the following issues that she totally knows about, then if that's discovered, she's going to get charged. However, that probably doesn't exist, so it's unlikely to otherwise prove that she really does remember. (Not a lawyer)