Fresno, CA asked in Criminal Law and Domestic Violence for California

Q: How do i fix a false statement

A few months back while my boyfriend and i were arguing i had injured myself and blamed him. Hwme then was charged with corporal injury on spouse. I wrote a brief letter and gave it to his bailbond agent (after being notorized) the charges still have yet to be dropped. How do i go about "fixing" or "changing" my statement since the one i gave was infact not true?

2 Lawyer Answers
Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: You may want to contact his lawyer so a proper statement can be made to the private investigator working on his behalf. The lawyer will know the best way to handle it in your jurisdiction. It is very difficult to take back statements made to police. The prosecution calls expert witnesses to testify that victims of domestic violence typically recant, and that wanting to change, minimize, or take back a statement once made is merely evidence of being in an abusive relationship. FYI: California Code of Civil Procedure section 1219 (b) provides that a victim of domestic violence can't be charged with contempt, or confined in jail, for refusing to testify concerning that domestic violence crime.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

initially, you must understand that the victim is the people of the state of California.

thus the DA doesn't often care what the alleged victim wants. Most victims in domestic violence cases, want to drop the charges, so the DA is used to hearing V's saying they retract what they said.

either hire a lawyer to assist you or contract his lawyer with a summary of what really happened and s/he can try to get some mileage out of it.

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