If I need to recant part of my police report testimony, can I do it without being charged myself?
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If I need to recant part of my police report testimony, can I do it without being charged myself?
My boyfriend was recently arrested for striking me in the ear. The arresting officer urged me to press charges, then said he was pursuing felony assault because he had asked me if this happened before and I said yes. I was on pain meds when the report was filed andduring one of the incidents I reported.He urged me to report all incidents. I did. But after seeing the police report, I feel that I was mad at the time and exaggerated some details (the other 2 incidents hadn’t been reported before). Can I recant some testimony based on being on pain meds? And very angry and not thinking clearly?
Asked on September 24, 2011 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The simple answer is yes. It's not unusual for district attorney's office to receive affidavits of non-prosecution or similar affidavits just clarifying prior testimony. If your prior statement was someone off because of your meds, make sure that you explain and detail that factor clearly. You may even want to get a doctor's note or verification that you were taking these meds at the time of your statement. This is important because you do not want to be charged with filing a false report. If your report was inaccurate because of your mental abilities at the time, that would reduce the "intentionally" element of filing a false report. Every county is different in how they approach these charges. You may want to spend a little money for a consultation with a local attorney to see how your district attorney's office generally responds to these types of issues. Do not visit the same attorney that represents your boyfriend because they will have a conflict of interest-- meaning, he'll be looking out for your boyfriend, not you. However, before you file this affidavit... you really need to think about what is best for you in the long run. You also mention in your question that you were angry...but you don't say these events did not happen. Once you file this affidavit, you are going to make it extremely difficult for the prosecutor to do anything for you on this case, and potentially future cases. Most victims think just of the criminal charges-- but this affidavit could result in a denial of a protective order. If safety is an issue, or is even a potential issue in the future, you shouldn't gamble with your safety just because you decided to forgive your boyfriend.
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