Will the prosecutor pursue a conviction even after the alleged victim admits that she filed a false police report and that I never touch or struck her 14 Answers as of August 02, 2013

Aggravated battery charges on pregnant victim.

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Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
Very likely, they will. It is very common in domestic violence situations, for the victim to have a change of heart and either not want charges to be filed/pursued, or not to testify. Special rules apply to victims of domestic violence to avoid this problem. If she had given an original statement to the police stating that the assault occurred, that statement can be used in evidence against the accused despite her wishes. The deck is stacked quite heavily in favor of the prosecution in these types of cases.
Answer Applies to: California
Replied: 8/2/2013
Universal Law Group, Inc. | Francis John Cowhig
They can. It will be up to the D.A. to decide what to do with your case. They can also charge her with filing a false police report which carries a 1 year jail sentence.
Answer Applies to: California
Replied: 8/2/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
That is entirely up to the prosecutor. If, indeed, charges are filed against the victim of the battery for filing a false police report, the prosecutor will probably drop the charges against you.
Answer Applies to: Illinois
Replied: 8/2/2013
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
If the victim admitted that she lied on the police report, then the prosecutor will not have any basis to file charges against you.
Answer Applies to: Missouri
Replied: 8/2/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
It may depend upon whether the prosecutor believes the alleged victim's recantation. Prosecutors hear this in a large percentage of their cases. If they think that the victim has been pressured into recanting, they are likely to be reluctant to drop the case.
Answer Applies to: Minnesota
Replied: 8/2/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends upon what evidence the prosecutor has. Yes, the prosecutor can still move forward with the charges regardless of what the victim may later say. In domestic violence situations. It is not uncommon for the victim (generally the woman) to recant her earlier statement for many reason: fear of retaliation, fear of being left alone, especially if you are the primary money earner and there is a small child; the continued belief that she can somehow change your behavior; the idea that she may be able to use this as a way of controlling your future behavior. There are many reasons.
    Answer Applies to: Washington
    Replied: 8/2/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If there is independent evidence of the crime without the alleged victim's statements, the prosecution will press charges. If the victim has changed her story after the police report statement, the prosecution can and most times will continue to press charges.
    Answer Applies to: California
    Replied: 8/2/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The prosecutor may continue with charges.
    Answer Applies to: Georgia
    Replied: 8/2/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    If he has other evidence to prove his case, yes.
    Answer Applies to: Nevada
    Replied: 8/2/2013
    Gates' Law, PLLC | Thomas E. Gates
    It depends upon the other evidence that the prosecutor has. The prosecutor is very familiar with the "victim" recanting. If she file a false police report she could be charged for doing so. So, she may be facing jail time.
    Answer Applies to: Washington
    Replied: 8/2/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It is really a question for the prosecution to decide. The alleged victim should not get involved, since it sounds like she may have filed a false report.
    Answer Applies to: Nebraska
    Replied: 8/2/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Probably, because the prosecutor will likely not believe the victim's change of story. You need a lawyer.
    Answer Applies to: California
    Replied: 8/2/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    If the only evidence against you was determined to be the result of a false report, it is unlikely that the case will be prosecuted. However, if the prosecutor (ADA) believes that some portion remains true or that some evidence exits of your culpability they will prosecute. You should have had an attorney from the outset of this charge. If you do, speak to that attorney about this. If you do not have an attorney, you should. Unless and until the ADA tells you that they are not going to prosecute the charges against you AND dismisses the complaint, I would strongly advise that you have an attorney to protect your rights.
    Answer Applies to: Massachusetts
    Replied: 8/2/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Probably not but consult with your attorney.
    Answer Applies to: Michigan
    Replied: 8/2/2013
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