Anyone who makes a statement to the police has the option of retracting or recanting such testimony. However, there are limits. Keep reading to get the facts. If you are in need of a criminal defense attorney, contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.
What you need to know even if a statement is retracted
Even if a witness statement is retracted, the public must be aware that a prosecutor can still choose to charge a defendant with a crime, and if someone recants a statement because it was untrue, they may face criminal penalties.
Potential penalties for giving false information
Giving a police officer false information, as defined by Vehicle Code 31 VC, and impeding justice, as defined by Penal Code 148 PC. A person who recants a statement wishes to retract, rescind, or take back a previous statement given to law enforcement officials could face criminal charges for doing so.
Is it possible for a party to retract a statement made in a police report?
A person has the option of retracting or withdrawing a statement made to a police officer. Even if a comment is retracted, individuals should be aware that a prosecutor can still prosecute a defendant with a crime, and if a complainant recants a statement because it was untrue or a lie, that individual may face criminal prosecution.
The State Attorney determines whether or not charges will be filed in criminal cases in California. A victim or a witness does not make this decision. This means that a prosecutor will pursue the case against the defendant even if a statement is retracted. This is presuming the prosecutor has sufficient other evidence to back up the allegations.
Other evidence can be used even if the statement is retracted
Images of injuries or property damage, audio or video recordings, such as 911 calls, social media statements or threats, medical records, surveillance video, and testimonies from other witnesses are all types of evidence that can still be used.
Sometimes there’s no issue recanting a statement
There are several instances where a person’s desire to withdraw a statement is quite understandable. This might happen when a side makes a mistake or when the police misunderstand a statement. In these situations, a person’s desire to recant particular statements supplied to police is usually not a problem.
If you have made a statement to the police that you want to recant, contact Simmons Wagner, LLP at (949) 439-5857. No matter what crime you are charged with, we will work to find the best defense for you.