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Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33101
Experience:  16 yrs. of experience including criminal law.
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If your daughter is in criminal sex case and wants to ...

Customer Question

If your daughter is in criminal sex case and wants to recant her statment how does she go about it?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
Hi and thanks for the chance to help

can you tell me a bit more. Did she complain to the police and if so, which county/state

How long ago did this happen (the complaint)

To your knowledge, where are the charges now (has there been an arrest?)
Customer: replied 8 years ago.
Complaint to the police yes.
In May '08
yes there has been an arrest
omibus hearing in sept '08
Expert:  P. Simmons replied 8 years ago.
Sorry, was the arrest by the feds or by state?
Customer: replied 8 years ago.
State
Expert:  P. Simmons replied 8 years ago.
Has your testified yet in a preliminary hearing of some sort (like a grand jury or some other hearing where she testified under oath?
Customer: replied 8 years ago.
no
Expert:  P. Simmons replied 8 years ago.
Thanks

To answer your question, if your daughter refuses to cooperate, it is likely that the state will drop the case...however, it is not guaranteed.

In MN, like in most states, the decision to prosecute will rest with the district attorney. If they believe they have evidence to prosecute an individual they can do so, regardless of what the victim says or does.

That said, if the victim does not desire to prosecute, typically the prosecutor will not press the case. For one reason without the victims help it will be much more difficult to gain a conviction. For another, if the victim is not pressing to charge, in some respects its a waste of money to prosecute.

However, undertand that if they do prosecute, they can subpoena your daughter and force her to testify...as I say this is not likely but possible

Please let me know if you have questions else please hit the green button, its the only way i get paid
P. Simmons and 4 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Philip Simmons's Post: Is there anyone she should contact to recant her staement?
Expert:  P. Simmons replied 8 years ago.
I would look for an attorney who can represent her, if she can afford it at all. If not she can approach the prosecutor

Be careful when you say "recant"

It would not be wise for her to say that she lied prior...even if she did...this could expose her to prosecution


A criminal defense attorney in the area will be the best person to talk this through with prior to approaching the state

Customer: replied 8 years ago.
What should she say? (it was a bad dream)

How likely would they prosecute?
Expert:  P. Simmons replied 8 years ago.
Well, that is why I URGE you to seek counsel for her...you need to protect her rights. Now, if she goes into the prosecutor and says simply that she does not want to prosecute and leaves it at that (and refuses to answer any questions as to why) I think she will be ok...and if there is any problem she can then seek counsel

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