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Unable to change police statement as claimant (domestic violence which resulted in arrest and Class A misdemeanor charge).
Anonymous7 views4 answers
I was involved in a verbal altercation at my boyfriend's residence after we both consumed a lot of alcohol. While we were both trying to take possession of my cell phone it hit me in the face. He was shouting and told me I had to leave but still had my phone. I dialed 911 from my car asking for police assistance to retrieve personal effects from the house. In my emotional state I may have misinterpreted what transpired. He was arrested(charged Class A misdemeanor). I wish to change my statement but I'm being told I cannot. Can I modify my statement. I am not financially dependent on this person in any shape or form, rather do not wish him to face any consequences stemming from my actions.
You cannot change the statement you have already given, but you can give an additional statement. The police may have already sent the case to the DA. Someone from the DA's office will be contacting you about the case. Ironically, talking to the DA is often unhelpful in family violence cases. Many victims call me, confused, frustrated, and even upset by the way they have been treated by the DA's office. The most effective way you can be helpful is by talking to his defense attorney about this. That person will advise you the best way to proceed depending on the facts of the case and the jurisdiction.
You cannot change or modify your original statement. However, you can discuss the case with the prosecutor and inform him or her that your original statement may have been misinterpreted. You have a right to express your feelings to the prosecutor and explain what your future testimony may be. Sometimes, alleged victims hire their own attorneys to relay information to the prosecutor. You may consider that as an option. Good Luck.
You cannot change your statement. Your best option is to explain what you just have to his attorney. In the past I have been able to utilize information showing that the complaining witness (you) would testify differently if it went as far as a trial, and the DA's office dismissed the case. Basically, this was done by an affidavit stating that the complaint was a misstatement of the way things actually occurred. However, DO NOT do this on your own, work with his attorney. That may not be the best option for his case.
I have also had complaining witnesses in a DV case tell the DA's office they did not wish to testify, the DA's office did not call them as a witness, and then surprised them by calling the complaining witness on the behalf of the defendant. We did get an acquittal in that case, but again, DO NOT do this on your own.
Not being a favorable witness for the state is a great tool for the defense. Let his attorney know.
Neither the prosecutor nor the Victim Services people will be of any use and could very well make matters worse. They think you don’t know what’s good for you and are blinded by love. They think they know what happened. They think they have to protect you from your bad relationship decisions.
Meanwhile, back in reality, you were actually there and you are not even sure what happened. You aren't crazy, this is completely normal. Truth is, if ten different people experience the same traumatic event, you will get ten different answers about what just happened, and every one of them will be telling the truth from their own point of view.
The only statement you should make at this point should be to your boyfriend’s criminal defense attorney. The attorney will probably ask you for an affidavit. This is normal for a case involving assault with family or dating violence.
