![]() ![]() Request a copy of the statement and any other witness statements that have been received. ![]() You want to ensure it accurately reflects your account of what happened. ![]() Carefully review it and confirm its accuracy before signing it. Investigators will make a record of your statement. Lies in your statement will also hurt your credibility in court. ![]() If you do that, you may be charged with obstruction of justice. While you can remain silent, you do not have the right to lie to the police. Anything you tell them can be used against you, whether in written form or as a verbal or videotaped statement. Keep in mind that there is no "off the record" with police. If you decide to make a statement after consulting with a defence lawyer, answer all questions truthfully and ask to speak to a lawyer if you are unsure how to respond. If you have been identified as the perpetrator of a crime in a witness statement, your defence lawyer may be able to show how unreliable that identification is. The PPSC adds, quoting a unanimous Ontario Court of Appeal judgment, that "flawed identification procedures can contribute to miscarriages of justice and the importance of taking great care in conducting those procedures." And the American Psychological Association estimates that one in three eyewitnesses make an erroneous identification." The Public Prosecution Service of Canada (PPSC) acknowledges that "even the most well-meaning and confident eyewitness can be mistaken. Innocence Project estimates that eyewitness error was a contributing cause in 70 percent of the 356 wrongfully convicted accused exonerated by DNA evidence in that country. No matter what crime you are charged with, we will work to find the best defense for you.Though you may have been identified as a perpetrator in a witness statement, there is compelling evidence that eyewitness misidentification is the leading cause of a wrongful conviction. If you have made a statement to the police that you want to recant, contact Simmons Wagner, LLP at (949) 439-5857. In these situations, a person’s desire to recant particular statements supplied to police is usually not a problem. This might happen when a side makes a mistake or when the police misunderstand a statement. There are several instances where a person’s desire to withdraw a statement is quite understandable. Sometimes there’s no issue recanting a statement 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. Other evidence can be used even if the statement is retracted This is presuming the prosecutor has sufficient other evidence to back up the allegations. This means that a prosecutor will pursue the case against the defendant even if a statement is retracted. A victim or a witness does not make this decision. The State Attorney determines whether or not charges will be filed in criminal cases in California. 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. Is it possible for a party to retract a statement made in a police report?Ī person has the option of retracting or withdrawing a statement made to a police officer. 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. Giving a police officer false information, as defined by Vehicle Code 31 VC, and impeding justice, as defined by Penal Code 148 PC. Potential penalties for giving false information What you need to know even if a statement is retractedĮven 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. If you are in need of a criminal defense attorney, contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation. Anyone who makes a statement to the police has the option of retracting or recanting such testimony. ![]()
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