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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23586
Experience:  Active member of the NYS bar since 1989
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If i gave a statement, my boyfriend is in trouble for

Customer Question

if i gave a statement , my boyfriend is in trouble for domestic violence w strangulation against me and i want to change my statement to help him can i get in trouble?
JA: What state are you in? It matters because laws vary by location.
Customer: Florida
JA: Has anything been filed or reported?
Customer: yes, the police arrested him and took him to jail he now has a no contact against me and our son
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 19 days ago.
Category: Legal
Expert:  Zoey, JD replied 19 days ago.

Hi,

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

Expert:  Zoey, JD replied 19 days ago.

As long as you are telling the truth when you correct your statement, you shouldn't get in trouble for it. However, this may be out of the hands of the police. If so, you'd have to find the DA assigned to prosecute your husband and revise your statement to him or her. The DA may or may not believe you, and will warn you that if you're lying you can be charged with a crime. Typically, however, DAs don't turn on their complainants, and apart from warning you, you're not likely to get in trouble.

Customer: replied 19 days ago.
when they arrested him they took pictures of my neck which had hand print marks on them. Which were told at the time that he was choking me but i want to rewrite it saying it was during sex
Expert:  Zoey, JD replied 19 days ago.

This doesn't change my answer. If you're telling the truth, even if the DA doesn't believe you, you're not going to get arrested. He will warn you that you can't lie. He may threaten you with calling CPS if you try to drop charges. These are things DAs routinely do when a complainant comes to them with a changed story. But beyond that, you shouldn't get in trouble.

Customer: replied 19 days ago.
cps is already involved though?
Customer: replied 19 days ago.
i already dropped the charges but the state is picking them up i believe
Expert:  Zoey, JD replied 19 days ago.

If CPS is already involved, then the DA won't need to threaten to notify them.

Once a case has been reported to the police, it's not the complainant's any more. It's the prosecutor's and he or she can go forward with the case even if you are not interested in prosecuting. The DA can subpoena you and force you to testify against your husband or face contempt charges. When you take the stand, you'll be required to tell the truth.

The DA needs you to make out his case. So you should talk to the DA and amend your story if you want. From there, if you're looking to drop and the DA won't let you do it, talk to your husband's lawyer and let him know you've been trying to drop. Ask him what you can do.

Expert:  Zoey, JD replied 18 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.