QUESTION
What will happen if one individual lied saying that I assaulted him when I didn’t and then the individual tells the police that he lied?
Asked on Jan 08th, 2013 on Criminal Law - Florida
9 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you are still being charged, you need an attorney .
Answered on Jan 14th, 2013 at 8:26 PM
Michael J. Breczinski
Well he has made differing statements and that can be used in court at trial in your defense.
Answered on Jan 14th, 2013 at 6:48 PM
1 Award
It could make an eventual trial easier for you, but the police do not necessarily have to drop the charges. They are free to believe he is lying now instead of before. Hire a lawyer and fight the charge and give yourself the best chance of winning.
Answered on Jan 13th, 2013 at 10:19 PM
While the prosecution has the authority to press charges, when the victim does not want to go forward the prosecution will dismiss the charge in most cases. Bear in mind that it is common for victims to change their minds. Be careful because if this victim has a grudge and you contact the victim you could be charged with a felony for intimidating a witness.
Answered on Jan 11th, 2013 at 11:12 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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A C4 motion might just be granted as there is no clear indication that a crime was committed due to the recanting of the initial story.
Answered on Jan 11th, 2013 at 11:12 AM
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If it is true that he lied. Then you should be found not guilty and he could be charged with false reporting or perjury etc. You need an experienced criminal defense attorney for sure.
Answered on Jan 11th, 2013 at 11:11 AM
Simply. You will still be charged, because the cops will never believe the 2nd version.
Answered on Jan 11th, 2013 at 11:10 AM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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As always, it depends. A lot will depend on whether the cops or prosecutors believe the individual is lying about lying. In domestic violence cases in particular, a lot of victims will later recant and say they made up the allegations. Of course if the officer saw the victim was injured, crying hysterically, made a frantic 911 call, and then later says they made it up, they will probably not believe it and will assume the crime actually happened. In such an event, it will be for the jury to decide whether guilt has been proven beyond a reasonable doubt.
Answered on Jan 11th, 2013 at 11:10 AM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Cases where a key witness recants an earlier story cut both ways for both prosecution and defense. A "victim" recanting that the defendant actually committed an assault and admitting to previously lying is not any guarantee that the case against you will be dismissed. It is a good bargaining point, for a good lawyer.
Answered on Jan 11th, 2013 at 11:10 AM