QUESTION
If I recant my statement immediately does that effect what will and wont be in the discovery presented to both prosecution and defense?
Asked on Jul 25th, 2018 on Domestic Violence - Colorado
More details to this question:
I Went in to recant my statement and I was advised that I needed to wait until there was formal filing and a formal discovery. But I would like to know that if I just recant now if that means what was said to the police officers or whatever was recorded would be taken out of the discovery if I recant now .Also i was advised I could talk to my bfs (the defendant) lawyer but since im the alleged victim the public defenders office said that his lawyer cant speak to me unless a detective or other lawyer is present and im not sure if that is true.
1 ANSWER
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If you recant your statement as made to the police at the time the other person was arrested, it will not delete your previous statement - it will just add to it - i.e. "he/she said this to the police at the scene and is saying this now". Sometimes prosecutors charge people with "False Reporting" when they tell two different stories.
As for talking tot he defendant's lawyer, many lawyers (including public defenders) do want a third party present when talking to the "victim" in a case - since at trial if there is an issue about what was said to them comes up, they can call the third party (investigator, etc.) to say what they heard you say.
Answered on Jul 25th, 2018 at 2:04 PM