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It has to do with a strangulation charge in WI, are you able…

Customer Question
It has to do...

It has to do with a strangulation charge in WI, are you able to help?

Lawyer's Assistant: [why=~legal_expert~17.12.4=LEGAL_NO_THEME_CRIMINAL_LAW_1D:.~keywordless~17.18.0

v=31.15 ] What were they charged with exactly? Are there any upcoming court dates?

Domestic assault, strangulation and suffocation and battery, plus a gun charge

Lawyer's Assistant: Have you talked to a WI lawyer about this yet?

There was a court date on the 8th of october and the person charged with it plead not guilty

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My question is.. if the victim was too go too the law enforcement in WI, and tell them that there was no choking involved that it was just made up.. would the victim get in trouble?

Submitted: 5 months ago.Category: Criminal Law
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11/14/2017
Criminal Lawyer: James Daloisio, Lawyer replied 5 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 335
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer.

Domestic violence victims often recant, or change their version of what happened, for various reasons. When this occurs, the prosecution has to take a hard look at its ability to prove the case despite the victim's change in testimony. Most agencies do not pursue criminal charges against such victims, however, if it were found that the victim manufactured the entire scenario and nothing ever actually occurred, then the victim might be looking at charges of making a false police report.

Also, bear in mind that the prosecution, at trial, is going to put the victim on the witness stand. This puts the recanting victim in a very difficult situation: to tell the truth after having already stated something different, and possibly committing perjury under oath as a witness.

Remember, the prosecution will look at all of the evidence, not just the victim's statements. The best course is to tell the truth, whatever it was. But before you do anything, you need to consult with a local attorney, because technically, by recanting, you would be exposing yourself to criminal charges of false reporting and even civil liability to the defendant. Wisconsin's domestic violence laws are pretty stringent and are designed to protect victims. The system relies on truthful testimony.

So, to answer the question, "would the victim get in trouble," I'd say this: if there is evidence, aside from the victim's statements, that the defendant committed some type of domestic violence offense, and the victim recants some part of their testimony, I doubt there would be any charges filed against that victim as a result. However, if the defendant is factually innocent, and didn't do anything constituting a crime, but the victim made it all up, then the victim is in a position to be charged with false reporting and to be sued by the defendant. My advice is to tell the truth, whatever it is.

Hope that helped. If so, a positive rating here would be appreciated, and you could always return with follow up questions on this topic at no additional charge. Thank you for using Just Answer.

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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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