Regarding a domestic abuse situation, a family member broke my brother's shoulder, spit on me and threatened the rest of my family. I walked by him and soon after felt very sharp pains in my stomach. I thought he had hit me and I just didn't notice, so I told the police in my statement he hit me.
The next day, I discovered that there where no bruises and perhaps the combination of adrenahline, my high blood pressure and anger were to blame for my stomach pains. I called the sherriff's office to retract my statement and explain my thoughts, but they told me the D.A has taken the case already and I'd have to speak with her.
I called the D.A and told her I was worried that my original statement would be seen as filing a false police report and I'm doing everything I can to set things right. She assured me that nothing would happen, but I still need to go to court and explain to them that my statement was retracted and I no longer believe I was hit.
Can I be charged with anything? I did not tell the police I was hit out of animosity or lying. I honestly thought I was at the time, but no longer believe that due to my hypertension, anger and adhrenahline that night being a factor. Please tell me what more I can do to make things right? I don't want to be charged with perjury or filing a false report.
Could you be charged with filing a false report? Yes. Will you be charged? It doesn't sound like it. Stay in touch with the DA handling the case against the family member. Write her a letter stating what happened so you have something in the record. Also, if you haven't done so already, make a file of the medical problems that could have caused the stomach pains and have those available if need to prove where the pains came from. Good luck!
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I think it is imperative that you not delay until the time of the underlying trial. I think I would go back to the DA and them them for their assurances; however, you wish to do more just to make sure everyone knows your position clearly. Ask the DA if you could write a letter to the DA for their file and ask them exactly what to say. That way your letter would have to go to the defendant. Remember though that you might have to answer some tough questions if you are subpoenaed to testify as to why your statement changed. Those are my thoughts. If are extremely concerned, you might hire a criminal attorney in your jurisdiction to confirm the DA's statement "not to worry about it."
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