If I make a new statement to the State Attorney, will I be arrested for false imprisonment?
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If I make a new statement to the State Attorney, will I be arrested for false imprisonment?
I got into an altercation with my boyfriend. I got dropped at my apartment by a friend. There was a cop car and an ambulance there from a previous incident. My friend talked to the police officer while I got my elbow bandaged up. I told the officer that I got into a verbal argument with my boyfriend and I fell and that was the end of it. However, I felt like I was getting interrogated and I just wanted to go inside, yet they kept persistently asking if he pushed me. At this point, I was willing to say anything to just leave, so I told them that he did in fact push me. They told me regardless if I press charges or not, the state would pick up the case and arrest him because it was a domestic crime. He was charged with battery. I therefore told them I wanted to press charges. Also, the police report states that the driver who dropped me off said I was scared my that boyfriend would attack me, which I never said. It also says that I have a 5 inch cut on my forearm and a scrape on my elbow. The elbow is true but there is nothing on my forearm. If I go to the state attorney to change my statement because I was intoxicated, scared and felt pressured, will I be in trouble?
Asked on October 22, 2017 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Technically, the prosecution can charge you with filing a false police report if you lied to the police, however as a practical matter, this almost never happens. In domestic violence cases, victims of such violence frequently recant their statements. However, the fact is that if the state wants to go forward with the case, even over your objection and without your co-operation, it can it there is other evidence sufficient to support a conviction. Further, many times when the witness takes the stand and attempts to dispute that any violence actualy occurred, the prosecutor can introduce conflicting evidence, namely the victim's own previous statements. At this point, you really should consult .
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Technically, the prosecution can charge you with filing a false police report if you lied to the police, however as a practical matter, this almost never happens. In domestic violence cases, victims of such violence frequently recant their statements. However, the fact is that if the state wants to go forward with the case, even over your objection and without your co-operation, it can it there is other evidence sufficient to support a conviction. Further, many times when the witness takes the stand and attempts to dispute that any violence actualy occurred, the prosecutor can introduce conflicting evidence, namely the victim's own previous statements. At this point, you really should consult directly with a criminal law attorney as they can best advise you further.
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