QUESTION
How do I go about recanting a statement(s) properly? Will it still be useable in court?
Asked on Feb 15th, 2023 on Domestic Violence - Texas
More details to this question:
My boyfriend is in jail awaiting his court date for domestic violence. He is not forcing me or coercing me to recant. I want to. I truly feel we were both at fault during the incident and he doesn't need to serve time over it. Due to being off my medication,under the influence, and angry I kind of over embellished my report a bit too.
1 ANSWER
You need to contact your husband's attorney or hire your own and submit an affidavit of non-prosecution to the DA handling the case. While it does not guarantee that the DA will drop or dismiss the charges, it provides a solid reason to do so. DAs do not need a complaining witness to press charges for domestic violence. Other factors they will consider include prior domestic violence charges.
Answered on Feb 16th, 2023 at 6:39 AM