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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 1059
Experience:  Managing Attorney at a Law Firm
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I made a false statement to the police about my husband

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Hi
JA: Hi. How can I help?
Customer: i made a false statement to the police about my husband telling me that he will shot me in the head
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: I want to recant but I don't if I should or not
JA: Have you talked to a lawyer yet?
Customer: its in Minnesota
JA: Anything else you want the lawyer to know before I connect you?
Customer: and it happened in august firsf

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

I'm sorry to hear about this situation.

Are you wanting information on what will happen if you recant your statement?

Customer: replied 1 month ago.
I want info about what will happened if I recant my statement

Sure, no problem. Just allow me a few minutes to type up some information for you, thanks!

Customer: replied 1 month ago.
I want to talk through chatting

No problem, the site auto generates the phone call request. I'm typing up a response for you now.

Customer: replied 1 month ago.
Ok thank you. I want to recant my statement of domestic abuse and my husband is a police officer and he's charged felony and 5th degree assault.

Again, I'm sorry to hear about this situation.

If this didn't happen, and you'd like to recant your statement, then you'll need to speak with the prosecutor assigned to his case.

You'll need to let the prosecutor know that you gave an incorrect statement, and that you do not want to proceed with the case and are not willing to testify.

(You cannot be forced to testify in the case).

Keep in mind, that even though you let the prosecutor know that you don't want to proceed with the case, that does not mean the case will automatically be dismissed.

The prosecutor now has a duty to pursue and investigate the case, and if there is enough evidence without your testimony, they may still decide to continue with the charges.

Other evidence can include witness statements, photos, the 911 recording, etc.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Customer: replied 1 month ago.
Hi are there

Yes, I'm here. I can resend my the message in case you did not receive my prior response.

Please also kindly remember to leave a positive rating for me, thanks!

Again, I'm sorry to hear about this situation.

If this didn't happen, and you'd like to recant your statement, then you'll need to speak with the prosecutor assigned to his case.

You'll need to let the prosecutor know that you gave an incorrect statement, and that you do not want to proceed with the case and are not willing to testify.

(You cannot be forced to testify in the case).

Keep in mind, that even though you let the prosecutor know that you don't want to proceed with the case, that does not mean the case will automatically be dismissed.

The prosecutor now has a duty to pursue and investigate the case, and if there is enough evidence without your testimony, they may still decide to continue with the charges.

Other evidence can include witness statements, photos, the 911 recording, etc.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Customer: replied 1 month ago.
Is wrong if I talk to my spouse lawyer and told her that I recant the statement to his lawyer? If the his lawyer called me and I tell her I recant the statement will I face any troubles with the law?
Customer: replied 1 month ago.
Please send me the response on my phone(###) ###-####

No, you are allowed to speak with his lawyer, you are just not allowed to have contact with your husband right now because there is most likely a protective stay away order in place.

The person you need to speak with to recant your statement is the prosecutor though, not your husband's defense attorney.

The prosecutor is the one who has the authority to make changes to his case.

I hope that helps!

Gentle reminder: please take a moment to leave a positive rating for me, thanks!

Customer: replied 1 month ago.
What if I talk to his defense attorney and tell her that.
Customer: replied 1 month ago.
If I want to talk to his lawyer and tell her that I am recant. Do I need to sign an affidavit with his lawyer?

Yes you can do that. But you also need to speak with the prosecutor.

The prosecutor will continue with the case, and will continue trying to reach you, unless you tell them that you do not want to press charges and want to recant your statement.

Sorry, I've just received your second response.

Yes, if you were to sign a Non Prosecution Affidavit with the defense attorney, then you would not need to speak with the prosecutor.

To clarify-- only speaking with his defense attorney is not enough, but signing the non prosecution affidavit would be sufficient and you would not need to speak with the prosecutor, because the defense attorney would provide a copy of the signed, notarized Affidavit to the prosecutor on your behalf.

Please don't forget to leave a positive rating using the stars/smiley faces at the top of the page (5 stars are always appreciated), thanks!

Customer: replied 1 month ago.
should I ask his lawyer first I want to
Sign affidavit before recanting my statement or after words.

Once you sign the Non Prosecution Affidavit you do not need to separately recant your statement.

The Non Prosecution Affidavit is enough as it is a sworn, notarized statement that you do not want to proceed with the case.

Don't forget that rating so I can be credited for my help with your question. Thanks!

Customer: replied 1 month ago.
I am confuse. I don't have tell his lawyer that I am recant. I can ask her that I want to sign affidavit and that wil be mean I don't want to proceed with case.
Then would the prosecutor call me and ask me about the case?

Correct-- you can sign the NPA (non prosecution affidavit) and you won't need to do anything else.

The NPA operates in the same way as if you were to speak with the prosecutor.

It's a signed affidavit that the defense attorney will then hand over to the prosecutor.

No, the prosecutor will not continue trying to reach you if they have a copy of the NPA.

Customer: replied 1 month ago.
I f I sign the NPA. Would be charged with crime as a victim of domestic abuse?
Customer: replied 1 month ago.
I just want to clarify that if I signed the NPA that I won't face any troubles with the law?

Correct, you won't be in any legal trouble if you sign the NPA.

Customer: replied 1 month ago.
Would you advice me to sign the NPA with his lawyer once she calls me?
Customer: replied 1 month ago.
Or what should I do so the case and the charges are drp from him and I don't have to face false reporting or any other charges?

My recommendation would be to sign the NPA and leave it at that.

There's no need to recant your statement as well.

Signing the NPA is enough to let the prosecutor know you won't be testifying or participating in the case in any way.

This site works on a good faith basis that in exchange for my answers to your questions, you leave a positive rating for my help. Please take a moment to do so now. Thank you.

Customer: replied 1 month ago.
Ok thank you so much

You're welcome, no problem.

Please take a moment to rate before leaving the page, 5 stars are always appreciate, thanks!

Nisha Jones, Esq. and other Criminal Law Specialists are ready to help you