What happens if you change a story that you previously gave to the police?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if you change a story that you previously gave to the police?
Last month my daughters mother and I got into an altercation. She hit me, I hit her back, then I called the police. The police arrested me. While downtown I wrote out a statement about what happened. Yesterday I received a letter from the commonweatlh attorney saying that she recanted her verbal statement and that nothing happened. She said that our daughter scratched her. Is it possible that I can get my written statement amended? The C/A told her if I change my story to hers saying that nothing happened that he will get me for perjury because of the statement I wrote.
Asked on February 26, 2011 under Criminal Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, I believe that he is correct, if the statement was made under oath or in any way permitted by law in a form allowed to be substantiated as an oath, such as an affidavit. You have a signed written statement. If it is considered testimony and you recant your testimony then you can be charged with perjury, unless the statement can in some way be set aside as improperly obtained. If it does not count as "under oath" then it may not be perjurous. She, also, can be charged here with giving fase information to the police, which is also a crime. Telling them that you hit her (true or not) and then taking it back, so to speak, after it resulted in an arrest is also a crime. Then when she testifies on the stand or under oath she could be held to have perjured herself. ASk more questions of your attorney or get another.
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 AttorneyPages.com 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.