QUESTION
how can I retract a police statement without getting in trouble
Asked on Feb 08th, 2014 on Criminal Law - Florida
More details to this question:
My fiance was recently arrested for domestic battery. Before the incident occurred, I had taken cough medicine and nyquil. The incident lasted for a couple of hours, and when the police came I gave them a statement which I now believe to be incorrect. Under the influence of medication, and after the stress of what happened, I said some things that weren't quite accurate. The incorrect statements led to felony charges. What actually happened should only have been misdemeanor charges. I want to recant or correct my statement so that he is not charged with felonies for something that he didn't do. How can I change my statement (which was written, signed, and sworn in) without getting in trouble myself?
1 ANSWER
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The charge to be filed is determined by the State Attorney not by victims. The State will most likely treat you as a recanting victim if you attempt to change your statement. It is also possible although rare that you chould be charged with making a false police report. The State Attorney handling the case should contact you for an invest, and when you speak with him you can tell him that you want to change your testimony. The State may or may not be receptive to your wanting to change your testimony.
Answered on Feb 09th, 2014 at 11:09 AM