While it is possible to recant a statement you made to law enforcement, it does not mean that it won’t be used against you. Recanting a statement made as a defendant is different from recanting a statement made as a witness. When a defendant recants their confession, a judge can still rule it admissible.
If you’ve ever watched any television or movies involving police officers, you probably know your Miranda Rights. Especially the first two lines, “You have the right to remain silent. Anything you say can and will be used against you in a court of law.”
It’s best to consult with an attorney before making a statement to the police, but even if you don’t, you should talk to one before recanting. If you are in Southern California and need legal assistance, our Los Angeles criminal defense lawyers are here to help.
What Happens if You Recant Your Statement?
If you give witness testimony to the police, you have the option to recant your statement. However, the defendant may still be charged if the prosecutor has enough other evidence to support their case.
You may also face criminal charges if you recant your statement because you lied to the police.
Can You Go to Jail for Recanting a Statement?
Yes, You may face jail time of up to six months for providing false information to a police officer or up to a year for obstruction of justice.
Lying to the police could result in you being charged with providing false information to a police officer or with obstruction of justice. Both of these charges are misdemeanor offenses and can result in penalties of up to $1,000 in fines.
How Can You Recant Without Getting into Trouble?
Recanting a previous statement can be a tricky and delicate process, especially when it comes to avoiding trouble.
You Were Mistaken
One possible approach is to explain that you believed your allegations at the time but, upon further reflection, realized that you were mistaken. This can help shift the blame away from yourself and towards a misunderstanding or misinterpretation of the situation.
For example, if you implicate someone in a crime but later come to understand that it was actually an accident or miscommunication, admitting this can potentially protect you from facing criminal charges.
You Were Influenced in Some Way
Another tactic is to highlight any external factors that may have influenced your initial claims. For instance, if you were intoxicated or experiencing a mental health episode at the time of making the allegations, this could have clouded your judgment or memory.
By explaining these circumstances, you may be able to show that your initial statement was not entirely accurate due to outside influences beyond your control.
Additionally, pointing out any errors made by law enforcement in recording or interpreting your statements can also help deflect blame away from yourself. An experienced attorney can be invaluable in these situations.
Why Would a Witness Recant Their Statement?
There are many reasons a witness may wish to recant their statement in a police report. In the majority of situations, doing so will not result in criminal charges. Common reasons for recanting a statement made to the police include the following:
- The person who gave the police the statement made a mistake.
- A witness was under the influence of alcohol or drugs at the time of the statement.
- The police misunderstood what was said or made an error in recording it.
- The witness decided not to be involved in the case.
- The witness lied to the police.
Out of fear for themselves or their loved ones, witnesses occasionally retract their statements.
Why Do Domestic Violence Victims Recant Statements Against Abusers?
Domestic violence victims may choose to recant their statements to the police for a variety of reasons, ranging from fear of retaliation from the abuser to feelings of guilt or shame.
Recanting a statement as a domestic violence victim can have serious consequences. It can make it more difficult for law enforcement to prosecute the abuser and can also jeopardize the safety of the victim.
Also, when a person recants a statement in a police report, they may face legal consequences for making false statements to law enforcement.
Recanting Your Statement as a Defendant
According to the National Library of Medicine, around 30% of DNA exoneration cases involve false confessions, meaning that many innocent people confess to crimes and later try to retract previous statements.
If a crime suspect confesses to the police, they may later wish to recant that confession. However, when that defendant attempts to recant a statement, doing so often has little effect on the outcome of the case.
In most situations, the judge will rule that the original statement is still admissible as evidence of the defendant’s guilt. However, the defendant can argue that their confession was coerced. There have been many cases where police intimidation led innocent people to confess to crimes they did not commit.
Keep a Clear Head and Talk to a Criminal Defense Attorney
Having to recant a statement is never ideal. It is always best to only make statements to the police that are true and that you feel comfortable saying. If you are a suspect in a crime, it is always best to take advantage of your Miranda Rights and remain silent until you have a chance to speak with an attorney.
When providing a statement as a witness, it is always best to make sure you are clear-headed. If you have been drinking or are under the influence of illegal or prescription drugs, it is best to wait before you make a statement. That way, you can make sure your comments are accurate.
If you don’t want to give a statement because you are worried about implicating someone, speak to a lawyer to ensure that you are not violating any laws. Whatever your situation, Simmrin Law Group is here to help. Contact us now for a free case evaluation.