If i recant my statement, can i get into trouble?

i made a police statement, and i did not lie but i did not tell the whole story. if i recant my statement will i get into trouble? i was also under the influence when i gave my statement does that make a difference? I live in BC Canada .. thank you


Asked about 4 years ago in Abbotsford, British Columbia
Categories: Criminal Law

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Comment

<br />NO , I dont think so but May be the statement would not have that weigh in the court of Law . Because first you have recorded your statement to the police and now you wnat to change it so it will be definately in the scrunity of credibility........ I hope that this will help...

Posted about 4 years ago


Comment

<br />It is quite possible you could. &nbsp;Providing a false statement to police may carry with it a number of consequences which include (but may not be limited to) being charged with mischief, and obstructing a peace officer. &nbsp;If the statement was provided under oath, then you may also face charges of perjury. &nbsp;In short, it's complicated and you should retain a lawyer to discuss your options to clarify the situation. &nbsp;This is very fact specific and it is very important for the lawyer you retain to understand exactly what you told police to properly advise you. &nbsp;The comment above from BC has no idea about what they are talking about and are guessing in a very dangerous situation. &nbsp;Again, retain a lawyer. &nbsp;

Posted about 4 years ago


Reply by Police Officer the shield


You have the right to change your statement at any time.  The Crown and the Defense must then work with the statement that you provide under Oath at Court but it exposes you as a witness to being declared a hostile or adverse witness.  Normally a witness cannot be cross-examined by the side that calls them but if declared adverse, then it has opened up a door for both sides to cross-examine the witness on the content and truth of their current statement under Oath and the one previously provided to the police.  Witnesses who have selective recall or change their story in an attempt to help break down the case against the accused, as in a domestic assault case, many times hinder the defense's argument about the amount of control in the relationship.  You won't get in any trouble in court unless you tell a lie under Oath.  Witnesses often regret providing the original statement (which in many cases is the most factual) and recant in an effort to have the accused not find out how much detail that they went into in their complaint statement.  The original statement is rarely introduced as evidence but as soon as the testimony is diametrically opposed to that of the original statement, then it becomes a pivotal piece of the trial.  Once the witness has been declared adverse then the Crown and Defense go line by line through the statement in an effort to identify the parts which are not being adopted as the truth.  If you are contemplating this route and you are a victim of a crime, please speak to someone in the Victim/Witness Program at Court to provide you with a complete picture as to how this may play out in your specific circumstances.  Being under the influence will have little or no impact on the weight of your statement.

Posted about 4 years ago

I am a retired police officer with experience on the Tactical team, Vice Unit, Major Crime Unit and Drug Squad.

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Comment

<br />i gave the recorded&nbsp;statement as i was the 'victim' and was pressured into it. i had been drinking and i did not tell them that i was just as guilty as the accused. i was scared i was going to get into trouble, i just want to make things right. so i want to tell crown that i was drinking and that i lied on my statement. if i do and theyu charge me, will i have a criminal record? or will they just drop the whole case. neither of us have ever been in trouble before.

Posted about 4 years ago


Reply by Police Officer the shield


Sorry, I can't answer your question.  If I could, then there'd be no reason for a trial.  With the tact that you intend to deploy, it will be an ambush for both sides (Crown and Defense).  If you have any wish for this to be resolved, don't wait for trial date.....speak to the Crown Attorney, who is the Gatekeeper so to speak in regards to the life of the charge.  If there is no reasonable prospect of conviction, they are duty-bound to withdraw the charge.  If you simply wait and take the stand, you take a huge risk of things going horribly wrong and having the accused convicted and expose yourself to the potential of a charge of perjury (requires corroboration) if it is determined that you lied under Oath either during the statement or in Court.  At bare minimum....speak to somebody in the Victim/Witness Program and tell them your feelings and the route that you intend to take.
 

Posted about 4 years ago

I am a retired police officer with experience on the Tactical team, Vice Unit, Major Crime Unit and Drug Squad.

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Comment

<br />Im looking for information for a situation im in. a few months ago, a friend were at a mall and he bought a gram of pot from a guy there. i have really bad back problems, so much so that sometimes i cant sleep. the guy had oxycotin and my friend, suggested i take one to help me sleep. i have never in my life been into drugs, and didnt realize how big of a deal oxys are, but i was stupid and really wanted to take my pain away, so i took one. later that day, as luck would have it, we were stopped and searched. the police found the pill on me and asked where i got it. i was scared out of my mind, never having been in a situation like that before and said that my friend had given it to me for my back pain, to help me sleep, which was true.. in my mind, it wasnt like i was big druggy trying to get a fix. they cop asked me to explain what happened...and then gave me a piece of paper and asked me to just write down what i told him, and of course sign it. all the while still scared out of my mind. so i did it. and in the end, my friend was charged with trafficking. <br />&nbsp; <br />he is looking at jail time of course. i want to know if i testify at his trial and explain what happened, can i get in trouble. im a 33 year old mother of a seven year old daughter, and from what i understand i can be charged with perjury, and i can get jail time.. im scared to death that will happen. <br />&nbsp;

Posted about 3 years ago

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