Can The Alleged Victim Recant Their Statement In A Domestic Battery Case?
What Happens If The Alleged Victim In These Cases Recants Their Statement? How Often Does That Happen? Do All The Charges Go Away?
The alleged victim can recant their statement and say, “It really was not a big deal. I didn’t think this would happen.” That happens in a large percentage of the cases. Since it is a first time for both the victim and the offender, the person has never done anything like this before. They did not think that they were going to get arrested. They thought, “He just touched me. I was just calling the cops to calm him down,” or “calm her down and make them leave,” or something along those lines.
Usually, the alleged victim comes to their senses unless it is a really big deal and says, “I want to help. I want to make this go away. I need my husband” or “my girlfriend” or “my boyfriend” or whoever “to operate my daily life and now that I can’t talk to them, I realize how much I need them”. In that case, they would call the District Attorney’s office. They will go to court at the first appearance, whatever they can, to try and make the charges go away. The problem is that used to be okay eight or ten years ago, that was kind of par for the course. The victim will go down there and say, “He’s never done anything like this, he won’t do it again” or “He didn’t do it” or “I have changed my mind” or “I don’t want to pursue this”, something along those lines. Then the District Attorney’s office would say, “Okay. We will drop the case”.
However, somewhere in the last ten years, there has been a huge policy shift where they do not do that anymore. If a person goes down there and says, “I don’t want this to happen”, they will say, “We don’t care what you want.” The prosecutors have had a dynamic policy shift largely based on the same people being back in court over and over. They would dismiss one case and then a month later, he would do it again or she would do it again. The parties would be back in court asking for another dismissal. Therefore, they made this policy shift to say, “We prosecute every domestic battery case”. What they do is they prosecute every single one even if the victim is uncooperative. They will go out and arrest an alleged victim because they refused to come to court, so the case goes in for trial. They will arrest the victim. They will get a material witness warrant and arrest the victim and keep them in jail so they can come in and testify against their significant other or whomever.
In Johnson County, they go to great lengths to prosecute domestic battery, because they have such an affinity for trying to get these people that are charged with domestic battery. They will go to whatever lengths necessary. The offender has to remember, that they are fighting the state who has unlimited resources.
An Alleged Victim Can Recant Their Statement In A Domestic Battery Case. For details and information, call the law office of Copley Roth & Davies LLC to Request a FREE Consultation at (913) 451-9500 and get the information and legal answers you’re seeking.
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