QUESTION
What happens to the wife if she wants to recant spousal abuse charges?
Asked on Mar 27th, 2014 on Criminal Law - Nevada
More details to this question:
Wife has been emotional with current pregnancy. In a fit, she rammed her car into husband's truck and hit/hurt her hand on his truck. She then called police and blamed husband for hurting her. He was arrested and there is a restraining order that she invited him to ignore and come and babysit their 1 year old. Later she confessed to friends that she lied and that she basically just wanted him to talk to her more. She claims that previous to the day husband was arrested and when she was emotional she was given advice to claim spousal abuse to get custody of their child/children by the Department of Human Services and her mom who was a cop. Now, as he is facing jail time and endless classes, fees, fines and probation, she wants to recant all that she alleged he did at his upcoming hearing he requested to contest the restraining order. She has been told that if she does she will be prosecuted for lying, and that her children will be taken from her and she could face jail time. Is that true and will the prosecutor actually do that?
5 ANSWERS
Michael J. Breczinski
Yes Her best bet is to refuse to testify on the grounds that she will incriminate herself.
Answered on Apr 02nd, 2014 at 8:32 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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She needs to contact an attorney. Anyone who files a false police report in California is guilty of a misdemeanor with a potential jail sentence of up to one year.
Answered on Apr 01st, 2014 at 6:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What you're asking is only answerable by the prosecutor who has, at their discretion, the ability to bring charges of someone has made a false police report. I would suggest you see an attorney, as well as seek counseling in order to be able to bolster her case that it was because of her emotional instability caused by the pregnancy that she made this error.
Answered on Mar 31st, 2014 at 6:40 PM
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
Answered on Mar 31st, 2014 at 6:39 PM
James Edward Smith
No can recant this charge.
Answered on Mar 31st, 2014 at 6:22 PM