Domestic Violence: What if the Alleged Victim “Recants” Her Statement to the Police
Domestic violence claims are very common in today’s society. They can result from a minor verbal fight or from a non-verbal action made in the spur of the moment (an action perceived as a threat). Regardless, the consequences of domestic violence are very serious.
But what happens if you are accused of domestic violence, and the victim wishes to retract their statement against you? This could create a very complex case.
Once a 911 call is placed, there is no turning back
If 9-1-1 is called regarding an alleged domestic violence incident, police will show up at your residence and arrest one or both of the people involved. The case will then be sent to the district attorney’s office for possible prosecution.
It is very important that 9-1-1 is not called unless an actual incident of domestic violence occurred. Even if the alleged victim of domestic violence recants the allegations that you committed domestic violence, it will not matter to the prosecutor. The prosecutor’s office could still file misdemeanor or felony criminal charges against you.
What happens when a domestic violence victim recants?
If the alleged victim of domestic violence wishes to take back his or her statement alleging that you committed domestic violence, this will not matter to prosecutors. The problem with a victim’s recantation is that it is often not accepted by the prosecution. Even if the victim refuses to testify at trial, the state may be able to use the 9-1-1 tape as evidence (if the alleged victim called 9-1-1) in order to attempt to have the accused be found guilty.
The United States Supreme Court has held that the 9-1-1 tapes are admissible as evidence in court even if the alleged victim will not be testifying. The court ruled that calls to 9-1-1 are non-testimonial statements gathered in an emergency situation. Though case law is not entirely clear, it seems that a conviction could stand based on the 9-1-1 tape and other evidence, despite the persistent recantation of the charges by the alleged victim.
In simpler terms, just because the alleged victim recants his or her allegations of domestic violence against you, that does not mean that domestic violence charges will be dropped. That is why you need to work with a skilled domestic violence lawyer if you are facing criminal charges.
Call the Domestic Violence Attorneys at Wallin & Klarich Today
Domestic violence cases in California are complex and there are many moving parts that require the help of an experienced criminal defense attorney. If you or a loved one is accused of domestic violence, you need to speak with a domestic violence attorney who will help you fight for your freedom. At Wallin & Klarich, our skilled criminal lawyers have been successfully defending our clients facing domestic violence charges for over 40 years. We can help you now.
With offices in Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Victorville, Ventura, Sherman Oaks, Torrance and West Covina, our domestic violence attorneys are always available to help you no matter where you work or live.
Call our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
