Pottersville, MI asked in Family Law for Michigan

Q: How does a spouse recant testimony regarding sexual abuse which landed their significant other in prison?

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1 Lawyer Answer

Hillard Fried

Answered
  • Ann Arbor, MI
  • Licensed in Michigan

A: It is possible for a lawyer to make a motion for a new trial based on newly discovered evidence—that being a recanting witness. If the court granted that motion, a new trial would be convened, and you would be called the the witness stand. The lawyers for the parties would cross examine you about your previous testimony. If the jury believed you, the defendant might be found not guilty. After the trial, the prosecutor would probably charge you with perjury, a serious felony. If the jury rejected your attempt to recant. again, after the trial, the prosecutor would probably charge you with perjury for falsely testifying in the second trial that your testimony in the first trial was false. Finally, the law views recanting witnesses with skepticism.

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