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

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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

Answers:

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

Answered 3 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.


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