Can I recant on a written statement since I made a verbal one in court?

UPDATED: Oct 1, 2022

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Can I recant on a written statement since I made a verbal one in court?

I’m the victim and only witness in a domestic violence case. my car was shot and my husband is being charged with it. The written statement given that day by me says he did it. After that day I went to court and told the judge that he did not do it. I gave a verbal testimony in court saying he did not do it. Can I make the written statement go away now?

Asked on December 29, 2017 under Criminal Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your situation is very common inthese type cases; victims of domestic violence frequently recant their statements. However, if there is other evidence to support a conviction, then the state will move forward with the case. It is up to the prosecutor, not the victim, to drop the charges. Further, most states now have mandatory arrest policies which means that if there is a call placed and a domestic violence allegation is made, the police have to make an arrest. Additionally, many times when a witness takes the stand and attempts to dispute that any violence actualy occurred, the prosecutor can intrioduce conflicting evidence, such as the victim's own previous statements.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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