Can I tell the DA a different story than what I told the police without getting into trouble?

My boyfriend got arrested for a domestic dispute. I was drunk and accused him of hitting me when he really just shoved me. I didn’t press charges but want to tell the DA a different story from police. I was also very intoxicated. Does my boyfriend need to call the DA to see if there is a restraining order? Can I get into trouble for changing my story?

Asked on November 1, 2011 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you tell the district attorney's office a different version of the incident than what is stated in the police report you possibly could get in trouble for any inconsistencies. The issue is whether or not the police report references that you had been drinking alcohol in that alcohol impairs one's ability to recall events accurately.

I suggest that your boyfriend contact a criminal defense attorney to represent him in this matter. The last thing he needs to do is contact the district attorney's office who is prosecuting him about the incident involving you. As to any restraining order as to your boyfriend, I suggest that you contact the district attorney's office if one exists.

Good luck.


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