How can you be released if the only witness recnated the her statement? 5 Answers as of January 28, 2014

My boyfriend was arrested for burglary and battery. I went to the State Attorney's Office recanted my statement I am the only witness how long before the release?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
This is up to the Prosecutor if and when the case gets dismissed.
Answer Applies to: Michigan
Replied: 1/28/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It doesn't work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
Answer Applies to: California
Replied: 1/28/2014
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It is up to the prosecutor alone as to whether or not to pursue criminal charges. Although it's not ideal, they can and sometimes will proceed with an uncooperative witness. If you change your story, they could charge you with lying to a police officer or filing a false police report. If subpoenaed you must appear in court to testify or else the judge will issue a bench warrant for contempt and you could go to jail.
Answer Applies to: Michigan
Replied: 1/28/2014
Ascheman & Smith | Landon Ascheman
They don't have to release him, they can continue to hold and charge him. If you want to help him, make sure he has good legal representation.
Answer Applies to: Minnesota
Replied: 1/28/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It is not up to you at this point and the prosecution may well continue. Your complaint and prior statements will be used in the prosecution. You might think about a new relationship.
Answer Applies to: Michigan
Replied: 1/28/2014
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