statement retraction

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statement retraction

last nite, out of police intimidation, i agreed that i saw my boyfriend who is a wonderful person, coming out of the childrens room. my crazy xhusband accused him of hitting my daughter. can i retract my statement.

Asked on May 2, 2009 under Criminal Law, Connecticut

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not sure exactly what you mean by "police intimidation."  That phrase could mean a number of different things, and it could make a big difference.

You also haven't said whether this was a written statement or not, and if it was written, if you swore to its truth.

You can probably try to retract your statement, but you run the risk of being accused of perjury or false swearing, if you are brought into court to testify against your boyfriend, and you don't follow your earlier statement, if it was under oath.  However, perjury prosecutions are relatively rare.  A lot depends on how badly the police or the prosecutor want to put your boyfriend in jail. That, in turn, might depend on how badly your daughter was hurt.

The longer you wait to change your statement, the harder it is going to be.  You should talk to a lawyer about this as soon as possible.  If you need to find a lawyer, you can do that at http://attorneypages.com


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