Recanting a Statement (PC 118)

You have probably heard or read in the news about a witness or an alleged victim who recants a statement made to the police. This often happens in domestic violence cases, where an alleged victim will tell police he or she is being abused only to recant the story after learning his or her spouse or partner may go to jail. It can also happen when a witness to a crime gives police a statement and then wants to take back that statement at a later date.

Sometimes, the person who gave the statement makes an innocent mistake or is
misunderstood by police officers, but other times, the person may decide they don’t want to be involved, or they may even have lied about the situation from the beginning. However, in California, simply saying you want to “take back” a statement is not enough to dismiss potential charges, and you could face serious consequences if you admit to lying to law enforcement.

What is Recanting a Statement and Who Does It?

If you make a statement to law enforcement then retract, withdraw, or take back that statement, you are recanting it. Anyone who has made a statement to the police, as a witness to a crime or as the victim of a crime may have a reason for wanting to withdraw that statement.

For example, you may see a robbery being committed at a local liquor store. You tell police officers what you saw. Later, you decide that you don’t want to be involved in the incident because you are afraid of the person who perpetrated the crime and are worried that the person will try to get back at you. You go to the police and say that you want to recant your statement.

Recanting a Statement – When and How Can You Recant a Statement

Anyone who gives a statement to the police may decide at any time to recant that statement. However, just because you want to take back your statement doesn’t mean that you are free to do so without the risk of potential criminal consequences. If you say that the statement you made was false, you could be charged with obstruction of justice or making false statements to law enforcement. If you are sure you want to recant your statement, you should speak to an experienced attorney before doing so.

What Happens to the Defendant after you Recant a Statement?

Just because you recanted your statement you made to police doesn’t necessarily mean that any charges leveled against the defendant will be dropped.

Take for example a case of domestic violence. Harry hits Sally and she calls 911. When the police arrive, Sally tells them that Harry hit her, and he is arrested and taken to jail. Later, Sally wants to recant her statement because Harry is the breadwinner and she can’t afford for him to go to jail. Even if Sally recants her story, the prosecution may decide to use other evidence to attempt to prove the case against Harry, including a tape of the 911 call made by Sally.

It is wise to speak to an experienced criminal defense attorney before making any decision about recanting your prior statement to law enforcement.

How to Successfully Recant a Domestic Violence Statement 

Although it is sometimes difficult, it is possible to recant a domestic violence statement if the alleged victim signs an affidavit of non-prosecution. This is a legal statement by the alleged victim that states that they: 

• Do not wish to testify against the defendant 
• Do not want the accused to be sentenced 
• Wish for the prosecution to dismiss all charges 
• Sign the affidavit voluntarily and have not received criminal threats or been coerced in making the decision 

The case is not automatically dropped after submitting an affidavit of non-prosecution in California. However, the prosecutor will take this into account when deciding on the best course of action for all parties. It may make it difficult for the prosecutor to win the case if the victim decides not to testify, and the prosecutors may decide to drop all charges against the defendant.

Talk to Wallin & Klarich before You Recant a Statement

If you or a loved one is facing criminal charges, contact a Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys have over 40 years of experience successfully defending our clients facing serious criminal charges. We will can help you reach the best possible outcome in your case.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will get through this together.