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If I recant my statement for being under the influence of alcohol can I get charged with anything and will the charges be dropped against my boyfriend? should I talk to his public defender about any of this?

2007-08-22 19:30:29 · 10 answers · asked by llwatkins 1 in Politics & Government Law Enforcement & Police

10 answers

Depends on your state. Some states the officer can press the charges and you can't drop them. If he is guilty he should be put away. Always get a better boyfriend.

2007-08-22 19:34:53 · answer #1 · answered by archkarat 4 · 0 0

This one I know from personal experience. You did not have to file charges. The State filed charges against him. It's odd, but they do do it. Whatever you do don't tell the State's Attorney that you were drunk when you gave your statement or they may get ugly and bring up charges on you for filing a false statement. Is this his first domestic violence charge? Have the police ever been to your home before for this reason? All of that factors into the severity of punishment. They can drop the charges if you two get some type of help and work things out, it is all in their court. Of course you should talk to his public defender. He is the one who can barter with the State on punishment. Hang in there!!! I went through the exact same thing and my husband did no time, no charges on his record. All we had to do was get some counseling and he had to stay away from home for two weeks. Make sure you talk to his attorney, soon!! Good Luck!! Nothing violent occured on the night charges were filed on my husband, just way too much alcohol on both of our parts. My first marriage was mentally and physically abusive. Make sure that he did not hit or hurt you in any way before you try to get him out of trouble. I hate to say it but if he did it once, hel'll do it again.

2007-08-22 20:15:49 · answer #2 · answered by Anonymous · 0 0

Most states have passed laws that require charges to be filed in domestic cases. If you are in one of those states, it won't matter whether you want to press charges or not. Your statement may or may not make any difference in prosecuting the case. Recanting may do more harm than good and might get charges filed against you as well, depending on the situation and the specific laws in your area. Go ahead and talk to his public defender. He will be knowledgeable about the laws in your area and might be able to advise you on a course of action.

2007-08-22 19:42:23 · answer #3 · answered by AintSkeered 3 · 0 0

Charges CAN be filed just by your statement. If you recant, YOU can be charged with filing a false report. BUT YOU CAN tell the prosecutor that you do NOT want to pursue charges at this time. Most always charges are dropped. And yes, you can talk to his public defender about this.

2007-08-22 23:14:58 · answer #4 · answered by GRUMPY 7 · 0 0

Many times the prosecutor will not pursue the case if the victim does not cooperate. But sometimes if there evidence is there like photos of injuries, your statement, witness accounts the state can continue on. The saying goes sometimes though "If you want to continue to be a punching bag I guess that is your prerogative". I am not trying to poke fun seriously there is a line where someone makes a mistake and most all people have problems were they argue with loved ones, but please consider your safety, its your life crossing the line into physical violence is another thing. Yes you could be charged with making a false police report. It depends on the District Attorney or Prosecuting Attorney.

2007-08-22 19:41:07 · answer #5 · answered by Unit 77 2 · 0 0

Since its very common in DV cases for the female victim to recant their story afterward, the DA with the physical evidence they have i.e. the black eye probably feel they have a strong case combined with your original statement to move ahead with prosecution, and do not believe you that it did not happen the way you stated on the police report If so your only recourse is to take the stand during the trial and under oath state you lied when you made those statement to police, the problem becomes then your over all creditability, the DA can just say your are lying now versus then But it sounds like with the facts as they are currently, the DA does not need your personal testimony to prosecute your boyfriend, the physical evidence and your police report is all that is needed to convict him, your recourse is to take the stand and admitted you lied to the police but now today on the stand your are telling the truth?

2016-05-20 07:13:47 · answer #6 · answered by tameika 3 · 0 0

You can try talking to his public defender but I've known cases where the girlfriend or wife have stated that they are not filing charges and want there man out of jail, but the District Atty. will not drop the charges and will prosecute anyway. In one case the Guy ended up serving time even though she testified on his behalf.
Sorry, but violence is violence and the next time it could be your life.

2007-08-22 19:39:45 · answer #7 · answered by ROCKY 2 · 0 0

the reason for this is that the states att office filed charges agaist him because a statment was filed,a crime was commited here and the reason they charged him on domestic is because they are protecting you..!!. do you know how many women are abused by men every hour and sec of each day and the husband or boyfriend smoozes them eats there mind and they go back and they do it again & again till something really serious happens think about it.. and wind up in the news and wind up a statistic good luck to you...think about what has really honestly happened here with you..some people are just so caught up to see the signs till its to late dont be a fool....

2007-08-22 19:56:10 · answer #8 · answered by Anonymous · 0 0

Technically, it is up to the DA whether or not to prosecute, but many times they will not do so if the victim doesn't cooperate. yes, you should definitely talk to his public defender about this.

And you should probably get a new bf too.

2007-08-22 19:50:28 · answer #9 · answered by Anonymous · 0 0

It's too late to do anything but cry.

2007-08-22 19:36:40 · answer #10 · answered by Anonymous · 0 0

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