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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23549
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How can a recant a statement that involves me telling police

Customer Question

How can a recant a statement that involves me telling police that my friend sexually assaulted me. I was under the influence of alcohol and I was scared and stressed out when I reported this to the cops and said I wanted to press charges. I don't want to press charges now. Because I believe the act was maybe not consensual
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Georgia and the event occurred Friday October 14
JA: Has anything been filed or reported?
Customer: I made a report to the police, Friday night saying j want to press charges and now I want to recant my statement
JA: Anything else you want the lawyer to know before I connect you?
Customer: That I do not want to press charges. I want to recant my statement and I don't know how. Do I need an attorney. How do I settle this before it gets to the state prosecutor office
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 1 month ago.

The way to do this would be to talk to the police who took the statement in the first place. Let them know what you've said above, that you'd been drinking, was scared, stressed, and confused. Upon reflection, you realize you do not want to press charges. See what they tell you.

It's possible that they may have already turned the matter over to the State Prosecutor's Office. If that's so, there will be nothing that the police can do. You'd have to call the State Prosecutor's Office, ask for the name and extension number of the person assigned to the case against the defendant (give his name), and make an appointment to talk to him or her.

You are the complainant and without your cooperation, the prosecutor can't possibly win his case, so he or she will be willing to talk to you. Tell him how you feel. If he won't drop these charges, you can cease to cooperate with the prosecutor's office. So long as you don't ignore a lawfully served subpoena, you don't have to make yourself available and without your cooperation, the case will ultimately be dismissed.

If you are lawfully served with a subpoena, then you must show up to court when called upon to do so. However, if you don't want to testify against this person, it would be best to show up with a lawyer.