Recanting statements

When I made my phone call to the police my "plan" was for my spouse to get the mental help that he needs. He has some issues and we have spent HOURS among HOURS trying to get him the appropriate help for a cost that we could afford. BUT the situation blew up and I said too much. My partner has been charged with assault x2, sexual assault, mischief under, and utter threats. The sexual assault was not rape and I DO not feel that this charge is necessary. I understand that there are many degrees to this charge but I want to SEE it dropped. I get that you can't drop charges, but if I recant my statement what will happen? How do I go about doing this? I did not agree to a rape kit as I did not feel it was necessary. Is this something that will help have the charge dropped? What will happen if I go on the witness stand and say I don't remember anything? Because of mental issues can he plead something that has to do with that? What will happen to him there? When can he come home to myself, and the kids. He is taking all the necessary steps to better himself and he finally getting the appropriate help that he needs, but I think not being around the children is tearing him apart. Is there any way around the other charges other than the assaults? Should I get a lawyer of my own? Please help!!!!!!!!!!!!!!!!!!!


Asked over 4 years ago in Mississauga, British Columbia
Categories:

Answer Now

Comment

The original story you gave to the police at the time of the incident caused them to enter into an investigation which resulted in charges being laid.&nbsp; If you change your story in court and say that didn&#039;t happen then you can be charged with Public Mischief.<br /><br />You might want to consider hiring a lawyer to help prepare you for your testimony.&nbsp; I&#039;m not saying they can help you find a way to lie or get the charges dropped, but they can help you to understand the consequences of your actions and statements at trial.

Posted over 4 years ago


Comment

Im not saying that I want to lie about what happened. The sexual assault charge was extreme for what happened. I have heard that you can &quot;update&quot; your statement and change the variables. I&#039;ve heard that on rare cases you can be charged with Public Mischeif but what is the likelihood of that happening? <br />I wanted to know what would happen if I said I dont remember. Im not saying it didnt happen but I am also not saying that it did. <br />What about the mental illness, can that have any affect on the trial and doing some sort of plea bargain?<br />What will most liekly happen to him if he does go with something like that?<br />How do I go about recanting my statement?<br />By me not agreeing to the rape kit, will that likely lead to the charges of sexual assault being dropped as there is no evidence other than my word? <br />Is there any way around the charges, other than assault? (that is all we ALL wanted him to be charged with not all this other stuff!)<br />What are his chances here?

Posted over 4 years ago


Comment

Those are a lot of detailed questions that I can&#039;t answer for you.&nbsp; Most of them will have to be answered and dealt with by his lawyer, who will speak with the crown.<br /><br />With regards to your testimony.&nbsp; Remember that the crown needs to call evidence to substantiate their charge.&nbsp; That can come from your, another witness, or physical evidence.&nbsp; If there are no other witnesses and you didn&#039;t have an examination done at the hospital then the only way for them to get the evidence is from your testimony.<br /><br /><br />If you recant your statement you could be charged with Public Mischief.&nbsp; In my experience that didn&#039;t happen often but I wouldn&#039;t want to take the chance if I were you.<br /><br />If you say you don&#039;t remember and the crown suspects you are not telling the truth they can cross examine you on your earlier statements to the police.&nbsp; You don&#039;t want to be in that situation because then you&#039;re potentially in the realm of Public Mischief again or possibly Perjury, which is also an offence.<br /><br />As I said, you might want to consult a lawyer who can better prepare you to provide your testimony.&nbsp; My opinion is that you should probably just tell the truth and make your feelings of support known to the Judge.

Posted over 4 years ago


Comment

i dont see the judge actually taking my comments of support into consideration!!! lol! Is legal aid equipped for something like this on my end? Like should I speak with Legal Aid regarding this and have them act as my lawyer? <br />why are the questions to detailed to answer?

Posted over 4 years ago

For Lawyers:
Join the Directory
for Free!

Learn More
Immigration Tim Bailey British Columbia Lawyer Tim Bailey Verified Lawyer Immigration to Canada is a matter of careful planning. Details

Connect with us:

Family Matters with Justice Harvey Brownstone - Watch Online TV ShowWatch Online TV Show
Andrea Himel Services - Accredited Family Mediator ScanDesigns LTD. - Quality Home Furnishings
Feldstein Family Law Group - 1 (800) 498-3486, Request a Consultation GamTalk - Online Support for Gambling Issues