Can I tell the DA a different story than what I told the police without getting into trouble?

UPDATED: Nov 1, 2011

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Can I tell the DA a different story than what I told the police without getting into trouble?

My boyfriend got arrested for a domestic dispute. I was drunk and accused him of hitting me when he really just shoved me. I didn’t press charges but want to tell the DA a different story from police. I was also very intoxicated. Does my boyfriend need to call the DA to see if there is a restraining order? Can I get into trouble for changing my story?

Asked on November 1, 2011 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you tell the district attorney's office a different version of the incident than what is stated in the police report you possibly could get in trouble for any inconsistencies. The issue is whether or not the police report references that you had been drinking alcohol in that alcohol impairs one's ability to recall events accurately.

I suggest that your boyfriend contact a criminal defense attorney to represent him in this matter. The last thing he needs to do is contact the district attorney's office who is prosecuting him about the incident involving you. As to any restraining order as to your boyfriend, I suggest that you contact the district attorney's office if one exists.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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