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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101559
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I did a statement against my boyfriend for a domestic. I did

Customer Question

I did a statement against my boyfriend for a domestic. I did not want to do the statement the police said I had to. I never would have called the police but he told me he did because I wouldn't leave his apartment. The officers have not spoken to him yet and this happened early Sunday morning and it is not Monday. The officer said they will make contact with him tomorrow. I don't want him arrested and I don't want this to go further. What can I do? I told the officer this morning I want to recant and he said he can't do that.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Unfortunately, at this point, someone in your situation cannot simply "recant" the statement. What happens is that the police can use this statement in their investigation, and then when they pass it on the prosecutor, it is the prosecutor who makes the final decision as to whether or not to charge the individual.

What someone in your situation can do is to contact the police and to offer another statement explaining that whatever you had stated earlier was exaggerated. However, this risks the possibility of the police charging you with false statements. So this is risky. What is better is if he is charged, to work with his defense attorney and to let the prosecutor know that you would not be a "willing" witness for the prosecutor on the stand.

The prosecutor needs a witness to get a conviction most of the time, since the onus is on them to prove the case beyond a reasonable doubt. If someone in your situation would be a "hostile witness,' the prosecutor is more likely to drop the case and/or to make a plea deal.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 7 months ago.
Since they have not spoke to him yet and they plan to on graveyard shift tonight. They will not arrest him until the report is done correct?
Expert:  Ely replied 7 months ago.

Correct - likely not. This is the way this normally works:

1) a police complaint is filed;
2) the police investigate by questioning all parties involved and reviewing the evidence;
3) they pass on the information to the District Attorney;
4) the D.A. makes a decision whether to charge or not.

So unless he makes a full confession when speaking to the police (he should not do so without counsel, by the way), then the police should not arrest him then.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 7 months ago.
I told the police when they came I did not want him arrested at all. I wish I would not have done the statement but he said (officer) I had to since I called. I am not a person who calls the police for anything. I just want this to be done and over. Can I call the DAd office even though the report is not there yet and let them know I do not want this?
Expert:  Ely replied 7 months ago.
While someone in your situation can, you should not yourself without an attorney. First of all, the DA's office is not likely to even speak with you. Second, they can intimidate you if they do. Third, such communications are best done via an attorney.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 7 months ago.
He will not make a confession. He is going to let them know it was a misunderstanding and that yes we were arguing and I thought he called on me so I called only because of that which is true. Should I consult a lawyer here in regards ***** *****? I let the officer know this morning that I do not want this and want it to stop and that I will not send pictures of anything to him.
Expert:  Ely replied 7 months ago.
It is not a good idea for him to talk to the police without counsel. Technically, he does not even have to talk to the police, but not doing so may pass off as suspicious (i.e. he is evading them because he has something to hide). So speaking to the police is not a bad idea to give his version of the story, BUT ONLY WITH AN ATTORNEY. Anything he says to them may be used against him. An attorney would be better off at cutting off "hooking" questions, controlling what he states, etc.
Yes, I would consult an attorney and one should be present with him for the interview. He can push back the interview to get time to speak with an attorney - this is not unusual and the police normally accommodate such requests.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
Customer: replied 7 months ago.
I connected a lawyer which he advised I could go to the DAs office and do another statement. I went and they said they do not have the case but I could type something out and email it them and they will attach it to the case when they get it. I am just worried they are going to arrest him when they talk to him, which the lawyer told me to tell him not to give a statement as you did. But if he refuses will they automatically arrest him then.
Expert:  Ely replied 7 months ago.

Hello,

Okay. If someone in your situation wants to make another statement they can, but as I stated, it is not advisable without counsel because they are going to likely pick your statement apart and twist your words for their own benefits. It is your decision.

The authorities would arrest someone based on evidence they have. Simply by not talking to them, it is not going to make them "mad" and have them arrest him. However by talking to them without an attorney, he is going to volunteer information that may be used against him.

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Customer: replied 7 months ago.
Even if mine is hand written? I was going to type it up and email to the DA and the officer doing the case. I have never been in this type of situation. I do not plan on talking to the officer again. I've advised him if they contact him to say he is not talking without a lawyer present.
Expert:  Ely replied 7 months ago.

Yes, even if it is hand written. By "pick your statement apart," I meant metaphorically, as in they will use whatever statements you make and twist the meaning of the words against him.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 7 months ago.
Ok I understand. He had a DV in 2009. He pleaded as he didn't want his wife at the time to go to jail. I know that will look bad for him. At this point really my main concern is that he is it arrested so he can finish his work week. I know people do dumb things when mad. This would be one for me. I'm conflicted on doing another statement now.
Expert:  Ely replied 7 months ago.

Okay. I understand. Someone in your situation may wish to file another statement... but not before running it by an attorney.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 7 months ago.
If I state that there was a miscommunication between us that I thought he called the police and I called because I was mad. He had asked me several times to leave and I would not. That is why he told me he was calling, which he had his phone and was talking acting like he was talking to someone. That it was a vocal argument and nothing physical. Also that I informed the officer I didn't want to do a statement but I was told I had to because I called them.
Expert:  Ely replied 7 months ago.
I cannot tell you what statement will be okay and which will not, partially because I do not know what your original statement says, and also because I can only provide general information and not specific legal advice. I am sorry!
However, know that if you contradict yourself in your second statement, you yourself may be liable for a false report to the police, so the statement has to be worded very carefully - by an attorney if possible.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.