If witness wants to recant a statement for DV, what will happen?

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If witness wants to recant a statement for DV, what will happen?

Info provided to police while at residence; picked up by the state.

Asked on January 17, 2019 under Criminal Law, North Carolina

Answers:

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

Answered 2 years ago | Contributor

Victims of domestic violence commonly recant their statements. However, if there is other evidence of the crime to support a conviction, then the procecutor will move forward with the case. In other words, it is up to the state, not the victim as to whether or not to drop charges. Further, most states now have mandatory arrest policies in DV cases. Accordingly, if there is a call placed and a domestic violence allegation is made, the police have to make an arrest. Finally, when the victim 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.

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

Answered 2 years ago | Contributor

Victims of domestic violence commonly recant their statements. However, if there is other evidence of the crime to support a conviction, then the procecutor will move forward with the case. In other words, it is up to the state, not the victim as to whether or not to drop charges. Further, most states now have mandatory arrest policies in DV cases. Accordingly, if there is a call placed and a domestic violence allegation is made, the police have to make an arrest. Finally, when the victim 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.


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