Asked 2/20/2016 – Angleton, TX

My fiancé and I are currently involved in a domestic abuse case. The night in question I was pressured by police and my father to press charges. When I wrote the statement I was not in my right mind, I was confused and under distress. I know the statement contains false information. I have spoken to his lawyer and filled out non prosecution affidavits and they have been sent to the DA and the courts. I need to recant and or amend my statement to account the true facts about what happened. How do I do this without bringing charges on myself. Do I contact the DAs office? Create my own affidavit the explain the events that actually took place? With all of this being said I do not want to peruse charges nor do I wish to testify.

Answer

Making a false statement or report to law enforcement is a separate criminal offense (See Texas Penal Code Section 37.08). Before you speak with anyone from the DA’s office, speak with your own attorney. Otherwise, stay close to your fiancee’s attorney and see how the case progresses after your affidavit is on file.