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I made a false statement to the police about my husband

Hi JA: Hi. How can I...
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
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Answered in 5 minutes by:
8/21/2017
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 1,516
Experience: Managing Attorney at a Law Firm
Verified

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!

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I'm sorry to hear about this situation.

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

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Customer reply replied 3 months 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!

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Customer reply replied 3 months 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.

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Customer reply replied 3 months 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!

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Customer reply replied 3 months 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!

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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!

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Customer reply replied 3 months 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 reply replied 3 months 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!

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Customer reply replied 3 months ago
What if I talk to his defense attorney and tell her that.
Customer reply replied 3 months 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.

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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!

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Customer reply replied 3 months 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!

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Customer reply replied 3 months 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.

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Customer reply replied 3 months ago
I f I sign the NPA. Would be charged with crime as a victim of domestic abuse?
Customer reply replied 3 months 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.

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Customer reply replied 3 months ago
Would you advice me to sign the NPA with his lawyer once she calls me?
Customer reply replied 3 months 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.

Ask Your Own Criminal Law Question
Customer reply replied 3 months 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.
Category: Criminal Law
Satisfied Customers: 1,516
Experience: Managing Attorney at a Law Firm
Verified
Nisha Jones, Esq. and 87 other Criminal Law Specialists are ready to help you
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Nisha Jones, Esq.
Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 1,516
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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