December 23, 2013 By Paul Wallin

Domestic Violence Recantation in Los Angeles: You May Win Your Case if the Alleged Victim Recants Statements (PC 273.5 & PC 243(e)(1))

Being accused of domestic violence or corporal injury upon a spouse (or a loved one) may lead to very serious criminal penalties if you are convicted. These penalties include the real possibility of:

  • Serving a lengthy jail sentence
  • Being on probation for 3 to 5 years
  • Having to complete a difficult 52-week batterer’s program
  • No longer to be able to own or possession any dangerous or deadly weapon for the rest of your life (under federal law)
  • Giving the other parent a major advantage in any present or future child custody battle involving your children

However, if you are wise enough to retain the experienced attorneys at Wallin & Klarich to defend you, there is a very good chance that you will not be convicted of this crime. In many cases, we are able to have the criminal charges dropped by the prosecution. This doesn’t occur by chance; we know what to do when the facts of the case turn in your favor.

What Happens when the Alleged Victim Recants His/Her Statement?

domestic violence recantation in Los Angeles
How the domestic violence recantation in Los Angeles process works.

When the alleged victim tells us that he/she wishes to “recant” his/her statement to the police, the case reaches an extremely important point as the chances for obtaining a positive outcome increase.

“I want the charges dropped against my husband” is something that is often told to us by the alleged victims of domestic violence. In effect, this is a meaningless statement. Although a high percentage of the alleged victims of domestic violence change their minds after calling the police or dialing 911, the decision to dismiss the charges is “out of their hands.” Only the prosecution can decide to dismiss the charges. Often, District Attorneys do not care that you want to have the charges dropped. The prosecutor will tell you that it is the People of the State of California vs. your loved one, and they have the power, not you.

“I lied to the police when I told them that my husband hit me. I was mad at him because I found out he was seeing another woman, so I lied.”

When the alleged victim comes into our office explaining that his/her statement was false, the first thing we do is confirm that her “recantation” from what she told the police is in fact the truth. If the alleged victim tells us that he/she lied to the police, it is our legal obligation to bring that information to the attention of the prosecution and demand a dismissal.

Unfortunately, obtaining a dismissal for domestic violence or corporal injury upon a spouse after the alleged victim has recanted his or her statement is not an easy thing to accomplish. In a high percentage of cases, when the alleged victim realizes that the prosecution doesn’t care that they want the charges dropped, the alleged victim will then provide a statement that he/she lied to the police. The prosecution will often warn the alleged victim that lying to the police is a crime, and that he/she could be prosecuted for having done so. Many prosecutors will also tell the alleged victim that they do not believe the recantation. They will point in some cases to physical injuries that were documented on the victim’s body.

“I am not going to testify at the trial even if they subpoena me as a witness.”

Often, after learning that the prosecution refuses to drop the charges despite the domestic violence recantation, the alleged victims then refuse to testify at the trial. Although it may seem hard to believe, if you are the alleged victim of a domestic violence case, the court cannot put you in jail for refusing to testify even if you were validly served with a subpoena. If you come to court and refuse to testify, the court can order you into a “class” but they cannot put you in jail.

Call Today to Learn about Domestic Violence Recantation in Los Angeles

When we have a case where the alleged victim has given us a written recantation and then refuses to testify at the trial of our client, we know that we normally are in a very good position to demand the dismissal of the charges against our client or to have the charges dramatically reduced.

The moral of the story is that every day individuals accused of domestic battery end up going to jail and having lifelong negative consequences because they did not have a lawyer – who was knowledgeable about the system – fighting for them. At Wallin & Klarich, we know the law, and we know every move that legally has to be made to dramatically increase your chances of a successful outcome in your case. The stakes are too high to trust your case to a lawyer who does not have the experience of Wallin & Klarich.

For over 40 years, our experienced criminal lawyers have defended clients accused of domestic violence and corporal injury upon a spouse or cohabitant. With offices in Orange County, Los Angeles, Ventura, Riverside, San Bernardino, Victorville, West Covina and San Diego, we will be with you when you call.

Call us now at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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