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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13506
Experience:  Experienced in multiple areas of the law.
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I am facing a difficult situation. My husband is in

Customer Question

Hello. I am facing a difficult situation. My husband is in jail for allegedly trying to choke me. If I were to recant my statement to the police saying he had actually slipped and I thought he was going to attack me would I be in any trouble. I already plan on dropping the charges but I'm afraid the da would attempt to charge him still. There were no marks on my body but they still took pictures.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 2 years ago.
Thank you for your question.
As you noted, the first concern is that the prosecutor may still decide to file charges. You do not get to decide whether to press charges;that decision is left up to the state. The second part to this is that if you recant and decide to change your story, assuming they believe you -- you could be charged with filing a false police report, a misdemeanor.
That said, alleged victims of domestic violence often recant, and prosecutors walk a fine line. Generally there are no other witnesses and without other evidence, there is no case. But prosecutors also don't know sometimes if a victim is recanting because they fear retribution from their attacker. Here there was no evidence of injury, so it doesn't seem to support charges like strangulation. You can always tell the prosecutor you don't want to proceed with the case but it doesn't guarantee the charges being dropped. You can also tell them you want to recant and change what you originally said, but you do run the risk of being charged with making a false police report. I'll be honest and say you're between a rock and a hard place.
I obviously cannot know all the facts and circumstances in your case in this format. I also cannot legally advise you as I am not your attorney. I would strongly encourage you to consult with a criminal defense attorney (many offer free or low cost initial consultations) before you say anything to the district attorney.

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