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Law Maven
Law Maven, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 163
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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Can someone please help me, i want to know how to take back

Customer Question

hi can someone please help me , i want to know how to take back what I said to the police about an domestic violence?
Submitted: 10 months ago.
Category: Canada Criminal Law
Expert:  Law Maven replied 10 months ago.

Hi, unfortunately it can be very difficult to do this. it would be very unlikely for the Crown prosecutor to simply withdraw the charge based on a new statement. It is not uncommon for domestic violence victims to change their statement to the police out of fear or for some other reason. The Crown knows this, and has policies directing them to be extremely careful about withdrawing a charge. Sometimes the best you can do is contact the lawyer who is helping your partner with the criminal charges, and ask whether they can use your new statement to bargain with the Crown.

I hope this is helpful, though you might also look at what defence lawyers write about this sort of situation, there is a good example here http://www.torontoassaultlawyer.ca/chargesdropped.htm

Please let me know if you have more questions, and once I have answered fully, please rate my answer.

Customer: replied 10 months ago.
What if i tell them i was not in a good mental status since i hade an abortion the day before the incident
Expert:  Law Maven replied 10 months ago.
That might help, but the bot***** *****ne is that the police and the prosecutor have rules they have to follow, and,currently, those rules say that once charges have been laid, it is up to a judge to sort things out. Clearly having to wait for trial is not fair for either of you, so do talk to the police and ask them for contact numbers for the Crown prosecutors office, and the victim witness support office at the court. Witness support may be able to advise you on how best to present your facts to the Crown, and ... in rare cases ... the Crown can drop charges. But it is very rare.Before the rules were changed to the way they are now, people would complain about domestic violence and the drop the complaint when threatened by the rest of the family, or the abuser. There were some high profile cases where after charging and dropping several times women and kids ended up dead. The current rules aren't great, but from the Crown's point of view, it is better to have one or two unhappy complainants, than it is to get it wrong, drop charges, and deal with the whole city being outraged because someone killed their children and partner.
Customer: replied 10 months ago.
If i say that i lied, what charges should i expect?
Expert:  Law Maven replied 10 months ago.

Hi again,

If you say that you lied to the police, there are no specific charges for that. It is not actually illegal to lie to the police. There might be charges of Obstructing Justice, or if you used the 9-1-1 service there might be costs for making a false call. But it is unlikely the police would charge you for a first offense.

If you say that you lied to a Judge or Justice of the Peace, that's possibly perjury. It is uncommon for people to be charged with perjury, but it could happen. What is more likely is that if you say you lied, and if there is any evidence that the assault happened, the prosecutor will just argue that if you could like once, you could lie again ... so the Judge should look at the evidence and believe the statement that matches the evidence.

You need to understand that the prosecutor and the judge have likely both dealt with this sort of situation before. They have seen situations where people try to take back an accusation, and then end up getting hurt even worse a second time. So they are often reluctant to let the charges drop just because the main witness wants them to drop.

I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer.

My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

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