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.
Hello my name is chris, and my girlfriend’s name is jordi. We both our victims in a criminal case, we havent been to court yet also have not been subpoenaed, how do we fo about recanting our statements?
Hi Chris,
Recanting a statement is simple. You can simply state to your attorney that you wish to recant your statement. However, doing so could lead to charges of obstruction of justice or making false statements to law enforcement. You should speak to a skilled criminal defense attorney before you decide to recant your statement.
If you have any questions about this, please call us at (877) 466-5245.
Thanks
I apologize for the statement above. My search was for Ontario law and I just realized you are from the US. I am very sorry for bothering you
Barry Wilson
We hope you find an attorney in you area who can help you, and please seek help if you feel you are suffering from depression.
Can you be charged with obstruction of justice if you recant your statement as a witness to alleged crime because you were intoxicated or under the influence of alcohol and so was the alleged victim?
Hi Luis,
This is a difficult question to answer. If you made a false report of a crime, you could be charged with a crime yourself. That is why you should not attempt to recant your statement without first speaking to a lawyer. A lawyer can help you make sure you do not incriminate yourself and lawfully recant your statement. Please call us at (877) 466-5245 so we can discuss how we can help you.
We look forward to your call.
I agreed to commenting a crime and paying the money by the middle of Sept just so it will go away. But the police just called and said if I don’t have the money by the 1st of Sept I will get arrested. Can I recant my statement of agreeing to do so?
Hi Jennifer,
Did you plead guilty to a crime? This situation seems very serious, but we cannot give you accurate advise unless we have more information about your case. Please contact our office at your earliest convenience at (877) 466-5245.
We look forward to your call.
Hey am Paul
I got involved in an accident, I took the injured lady to hospital and she died later. Evidence around showso I was not speeding and that the woman threw her self in the car. But in my statement to police it’s like I caused the accident. How do I recant my statement.
Hi Mudduse,
Have you been accused of a crime regarding this incident? You should speak to an attorney right away or you could be in danger of being charged with a crime. Contact us at (877) 466-5245 so we can discuss this in detail and help you immediately.
We look forward to your call.
Hi, I filed an affidavit and a report with law enforcement because my exboyfriend refused to bring my car back so they are going to charge him with grand theft. Can I rescind my affidavit without saying that it wasn’t true. The facts are true but now I feel bad because if he gets arrested it will hurt his daughter who is innocent and has severe anxiety problems. He had several chances to bring the car back after we (law enforcement and myself) called and texted him. He did get the text messages but he ignored them. Can I ask the court to lessen the penalty so his daughter won’t suffer any emotional damage.
Hi Theresa,
If in fact what you told the police officers is in error, you can provide a statement to the lawyer representing your loved one indicating how it was in error, and that could lead to a positive outcome for your loved one. Please contact our law firm at (877) 466-5245 so we can discuss how we can help you and your loved one.
We look forward to your call.
Hi my name is Jenny
I went to recant my statement about my partner due to domestic violence am I going to get charged if I do I’m very scared I’m still breastfeeding my daughter and my partner is the household provider what we can I do
A friend of mine got caught with guns and drugs. She admited to everything being hers. Now she trying to recant her statement and pend it on another friend, who was detained also, but released when my other friend admitted her guilt. Is that possible? Is that wise to do?
Hi Anthony,
Your friend is facing very serious consequences, so she should consider hiring an experienced attorney to help her. An attorney may be able to help her attempt to recant her statements to police and defend her against the charges she is facing. Call our law firm at (877) 466-5245 so we can discuss this matter in detail and find out the best course of action to take.
We look forward to your call.
Hi Jenny,
If you recant your statement, it does not necessarily mean the charges against your partner will be dropped. Prosecutors could still seek to press charges against your partner without your statements. You should speak to an attorney about how to recant your statement properly in a domestic violence case. Contact our law firm at (877) 466-5245 so we can discuss your matter and how we can help you.
We look forward to your call.
My boyfriend was extremely drunk and fighting me in public two girls witnessed him shoving a candy bar in my face and then we drove off after him and the girls were yelling at each other. The two girls followed us till police showed up.. during the car ride my boyfriend slapped my face three times. I told that to police and he is on court ordered probation. He is being charged with battery to spouse and probation violation/revoke. Can I recant my statement?
Hi Amber,
You may be able to recant your statement, but you will want to do so the proper way. Contact our law firm at (877) 466-5245 so we can discuss how we may be able to help you and your boyfriend.
We look forward to your call!
what happes if some call the cops and says one thing like i see a mail and female breaking in cars and then writes to police that she was walking ahead of him does not state that she was breaking into cars
If i have said yes to giving a statement if needed but remember that the time of the offense happened and have mistook the day for another one would i get in trouble for now not wanting to make a statement incase i give the wrong information for the wrong time
You have no legal obligation to give a statement to anyone; law enforcement, private investigator, nobody! You merely can say I do not wish to speak to you. That is how the conversation should end. If they continue to talk to you, make clear to them you wish them to leave your presence.
Im just worried that cause i am get into trouble as i said id give one if needed but that was before i spoke to my boss and reliased that the time and day of the incident i said was the wrong one and do not want it to seem like i am hiding something. I only said yes to a statement cause i thought if i said no it would look funny
Paul very important question. I have been charged with a domestic with my girlfriend. She was drinking at the time of the domestic. She made a 911 call to police and said I hit her. I was arrested. Trial is now here. She apparently plans to deny I hit her ( I didn’t hit her). She plans to deny I attacked her but this is contrary to what she told the police at hospital the night of incident. However she never gave a statement UNDER OATH, so now video kgb statement. But yes statement to police. But yes she had been drinking. If she does recant on stand…..can she be charged with lying to law enforcement or at very worst perjury? I don’t think perjury cuz she was never under oath before…..but possibly lying to law enforcement???
Is this likely? A possibility? Thanks
I replied
Call me tomorrow morning
My significant other was with a friend of his and his friend got a DUI, his friend tried switching seats and of course my SO was like no way. The police also seen that the guy tried to swap places and let them know to not even try that. To make a long story short my SO gave a written statement stating that he was not driving, that his friend was. Well because this is now his friends 3rd offense DUI and 6th offense driving on revoked,he is going to trial. They are trying to subpoena my SO to court as a witness. He now wants to recant his statement or plead the fifth. He does not want to be involved. So far he has not been home when they have tried to issue the subpoena. What if anything can he do? Or is it too late. And what happens if they never are able to issue the subpoena in time.
Hi Cherie,
The risk for your significant other in this case is that he could be charged with lying to the police if he recants his statement or he could be charged with being in contempt of the court if he does not show up to testify. Our attorneys may be able to help your significant other recant the statement properly. Contact our law firm at (877) 466-5245 so we can discuss what steps to take next.
Thank you!
Say a divorce/ child custody battle insued false allegations of child sex abuse. After the father served his time the ex now wants to recant? Would statue of limitations bar her from prosecution?
If I settle the domestic
issue with my spouse, can we both work towards recanting the statement made against the other?
What if a report was filed and pictures was taken of some marking someone blamed on their s/o but it really wasnt and web ha previous domestic disputes. Have social services in our lives weekly umpteen million classes n courts etc. Plus ibhad an o.p. on them in June andntwo weeks later had no home so I asked my judge to modify my op so wr cud live in our house n our two babies house with the exception of couples counseling and I do individual mental health and on a waiting list for an 8 wk 20hr substance program. But only have failed 2-3 drug screens in the last year. What do i do if I wanna take back my statement and continue working on my fiancé and is relationship and being a blended happy family and still working on getting my family case closed in September even after all this
Hi Charlene!
Thanks for contacting us. You should contact an attorney to discuss how to recant your statement. If you are in California, you can contact our office at (877) 466-5245 for a free phone consultation.
We look forward to your call!
My ex-boyfriend and myself got into a argument of sorts and I called the police because he took my car keys and I couldn’t go home. In the middle of me speaking to the police he tried to grab my phone from me so he could get my attention to calm me down and return my keys. I overreacted and the police came because I sounded like I was being stopped from making the phone call because I did become agitated and thought he was upset and lunging. I was upset and did dramatize it without realizing and things with him and myself escalated a bit more than they should have but not on the physical level. He took my phone which was only $50 and my car keys. He ran off and the police searched for him but out of fear he stayed away. He’s never had any violent crimes or felonies and he’s generally a good person. He’s facing theft and tampering with a witness or perhaps it was something like keeping me from calling the police. I realized that things escalated and we both overreacted I want to retract my statement and handle this with calmness and clarity, how can I go about this the right way?
Hi Laury,
You should contact an attorney immediately to discuss how to recant your statement and defend your ex-boyfriend against the charges he’s facing. If you are in California, our law firm may be able to help you. Contact us at (877) 466-5245 for a free phone consultation regarding your case.
Best of luck!
Hello, My ex and i got into an argument and he left mad and yelling. Someone outside made a threat and i thought it was him. Can i recant the statement i made saying it was him who said it, when i didnt know at at the time who it was?n
My friend and 4 other people was in an investigation for trafficking child for sex purposes. My friend wrote a statement against them and they got to jail. 5 months later she get arrested for the same charge just because she went back on her statement. Can they do that and do you think she will be able to win the case
Hi Ramya,
You should seek the help of an experienced criminal defense lawyer immediately. Where is your husband’s case pending? If it is in California, we may be able to help you. If you are in Texas, you will have to find a lawyer in Texas to help you.
Best of luck!
what happen if the family of the victim withdraw the homicide case? is it possible that they can withdraw the case if they want?
Hi Cristy,
Thanks for contacting us. The family has no say in whether homicide charges are filed. It is up to the discretion of the district attorney handling the case to decide if formal charges are filed.
Homicide is a very serious charge. You may be able to work with the alleged perpetrator’s criminal defense attorney to build a strong defense to the homicide charges. If you are in need of legal assistance, contact our law firm at (877) 466-5245 for a free phone consultation. Our lawyers have been successfully defending clients facing homicide charges for more than 35 years.
Thank you!
I’m in a situation with my boyfriend being held in jail for an indictment/hold for US Marshals and the Detectives have questioned me for the 3rd time and they keep asking me the same questions every time they come back, obviously they are trying to justify or get something specific out of me that I’m not giving them but I have given statements previously in the past and I do not wish to speak with them any further is what I plan to do. the detective said my statements are very vague. Is there anyway I can take back or change what I said previously or would it be held against me still if they had only come to my house to speak to me and the conversation was not recorded?
Hi Kelsey,
We recommend that you do not speak to any authorities regarding the matter. If you hire our law firm to represent you or your boyfriend, you could tell authorities to direct all questions to your lawyer. Please call our office at (877) 466-5245 so we can discuss how we may be able to help you with this matter.
Thank you