Q: If a Vitim recanted their original statement and then comes back 4yrs. later and does another one will it be granted.??
I originally did an involuntary open plea to the court and was sentenced to 50yrs. in prison for burglary of a dwelling with an battery. Now the victim has come forward did an affidavit on my behalf by recanting her statement but was denied by the lower courts. Now, 4yrs. since the first affidavit she has come back and willing to do another affidavit on my behalf but only this time she's being specific in terms of what she lied about being that she knows now the court can't charge her with perjury. I've been incarcerated close to 17yrs. for this charge when no one was hurt, nothing wasn't stolen in the house and their was no force entry. Can consent be withdrawn while at the sometime at first was given.?? Please explain to me the difference with case law to prove it and what position should I take.??
A:
If a victim recants their original statement and provides a new affidavit years later, it may have an impact on your case. However, the outcome will depend on various factors, including the specific laws and procedures in your jurisdiction, as well as the discretion of the courts.
In general, courts recognize that witness recantations can affect the credibility of the original testimony. A new affidavit that provides specific details about the falsehoods or inaccuracies in the previous statement may be considered by the court. However, it is ultimately up to the judge to weigh the credibility and relevance of the new affidavit, as well as any other evidence presented.
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