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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35726
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I live in Colorado and recently my husband was arrested on

Customer Question

I live in Colorado and recently my husband was arrested on charges that relate to domestic volince, however there was no pjs ival contact between us but a car accident with him intenally causing. The day of the incident my emotions and discouragement had my mind not thinking and I said things to officer that didn't relate to this but had been a issue in our past now my concern is that all this has snowballed and he's looking at 25 years and isn't being charged with any if incident that happened day I made statement so even this the statement I made has truth to it I want to know if I have the right to ask my statement not be allowed and what would consiquinces be ?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Many people have the idea that because they are the person who precipitates criminal charges being filed against a defendant---because they have lodged a complaint or gave a statement against the defendant with the police--that they have the right to withdraw those charges. The simple fact is that it is the Prosecutor who files the charges, not the complaining witness. While the complaining witness may tell the police or the prosecutor that they want the charges dropped, the prosecutor is not obligated to follow the wishes of the citizen.
All that a complainant can do is ask that the charges be dropped, make the police/prosecutor realize that the complainant intends to testify that, upon reflection, what was initially reported to police was based on the heat of the moment and did not accurately reflect what really occurred, and that if called to the stand to testify, that the witness will recant the initial statement and testify as to the present recollection of the incident. (Note that this is only to be done if you truly believe you were mistaken---it is never appropriate to lie or to offer perjured testimony).
While in some instances this will be enough that the prosecutor will drop the matter, or perhaps enter into a plea arrangement which is more beneficial to the Defendant than what might otherwise have been offered, in other circumstances the Defendant has already given a statement to the police or Prosecutor which incriminates them and there is no longer a need for the witness/victim to testify in order to prove the elements of the crime.
In a situation like that, all that can be done is to let the Prosecutor know that there is a change in recollection, and possibly request permission to file an amended statement as regards ***** *****
Finally, in direct response to your question, while you certainly have the right to ask that your statement not be considered, there is little chance that the prosecutor would agree to do that.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
I did tell police sometimes I feared him and what he could do while angry however at the times I feared him he was always under the influence of pain meds which made life hard for awhile he has somehow managed to overcome this addiction and has done it pretty much by himself but he would sometime be so messed up I would say it was like the demand if pure hell was in him and the things he said and did in these times were never talked about after but I asked him after he had been sober and he remember situation but the details are so driffrent so I guess should I mention this when I make my request to withdrawal my statement and is there ant other reasons you could maybe refer for my letter
Expert:  LawTalk replied 1 year ago.
Good afternoon,
You being fearful does not mean that he committed a crime. If he somehow caused an accident and you now realize that you misinterpreted how the accident occurred or that you now on further reflection believe it to have been an accident and not intentional, that is what you will want to convey.
No, I don't know of other reasons you could base your request on that your statement not be used. Also you might consider speaking in person to the prosecutor's office and not try to rely on a letter that you compose.
Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
I wish you well,
Doug

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