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i filed a false police report against my husband

i filed a false police report against my husband
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Answered in 2 minutes by:
11/18/2013
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,655
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I am not sure what your legal question is that I can help with tonight...
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If you can post your question, I will try and help.
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Barrister
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Customer reply replied 4 years ago

how long does it takes for them to release him after i have told them the truth

I would need some more information about what is going on in your situation before I can comment...
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What was the complaint for? Domestic violence?
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Did you call the police to your home?
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Was husband arrested at that time?
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Was there any other physical evidence such as photographs of any injuries, police testimony, witnesses, etc.?
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Did you give a statement to the police?
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Why do you have an attorney?
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I may have a few more questions as we proceed..
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Barrister
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Customer reply replied 4 years ago

domestic violence and abduction. no i didnt called the cops and yes he was arrested. yes a stratch on my arm. yes i gave a statement to the cops. because i have a case as well from my husband pressing charges on me.

Ok, this is the way these things typically go...When the police show up, they have to make a determination as to whether there was any domestic violence and who was the aggressor. If someone else called the police and made some comments that he was assaulting you, then if the evidence points to that when they arrive, and the victim gives a statement that corroborates any other evidence or 911 calls, then they will arrest the aggressor and transport to jail.
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When the person is arraigned in court, the judge will then set a bond amount that the person can post to be released from jail. If the defendant is not able to post bail, then they wouldn't be released until the case is disposed of.
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As a former Public Defender, I have represented dozens and dozens of defendants in cases like this. If the alleged victim later admits that they gave a false statement, the DA has to weigh the other evidence and make the determination as to whether the victim was being truthful initially and later decided to change their story to try to "drop the charges" or whether the victim made an initial false statement because they were angry with the defendant.
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If the evidence supports that an assault did happen, the DA will continue with the prosecution of the case. The victim can refuse to testify or tell the judge that they lied, but if the DA has other evidence, such as the caller, photographs, police testimony about what they saw and heard, etc. then the DA may still be able to prove their case.
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So to answer your question directly, husband won't be released from jail unless he can post whatever bond the judge sets or the case is disposed of or dismissed.
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Barrister
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Customer reply replied 4 years ago

can the lawyer tell the judge at a bond hearing that the accuser has been falsely accused

Absolutely, and he can also tell the judge that you have notified the DA that you are recanting your statement and that it was made in anger without any supporting evidence. The problem with that is that it could possibly get you charged with filing a false statement, which is a misdemeanor and can carry up to 6 months in jail.
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Although victims are not charged very often with this, it is a possibility you should be aware of.
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Barrister
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Customer reply replied 4 years ago

will he be released once the judge know

To be very honest with you, it is unlikely. Many defendants proclaim their innocence and often victims in a domestic violence situation cool down and the day after want to recant their statements.
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At any bond hearing, the judge will listen to both the defendant and the DA and then make a decision based on the defendant's flight risk. If the defendant is stable, has a job, doesn't have any prior record for similar offenses, has family in the area, etc, these factors all go into a bond decision. If he has a lot of these factors in his favor, the judge can agree to release him on his own recognizance (ROR) where he promises to return to court or allow a 3rd party to sign a bond for him where they are responsible for getting him back to court.
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Thanks
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,655
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago

ok there is a chance of them releasing him

Yes, if he doesn't have priors, has family locally, a job, etc., then judges are more likely to release him because from a purely financial perspective, it is very expensive to keep someone in jail if they don't pose a flight risk.
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Barrister
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Customer reply replied 4 years ago

thank you so much you have helped ease my mind a little

You are very welcome. Glad to help.
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Thanks
Barrister
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Customer reply replied 4 years ago

can i tell the judge he is no harm to me

Most times the victim is not allowed to speak at a bond hearing. But you can be there in the courtroom for support and notify his attorney that he can tell the judge that you are there are have absolutely no fear for your safety and are actively supporting his release.
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Barrister
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Customer reply replied 4 years ago

ok thanks

Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,655
38,655 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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