Legal Question in Criminal Law in Kansas

My husband and i are currently involved in a domestic violence trial. he was charged with aggravated battery after i went to the emergency room. i gave the police a verbal statement but now wish to recant and do not wish to testify against him. what are my options? i have no criminal history

Asked on 3/18/14, 8:38 am

1 Answer from Attorneys

Sean Santoro Santoro Law Office

Why would you wish to recant and not testify? Did the battery happen as you described to police at the scene? Either you told the truth then, or you did not. If you did, why would you want to protect a violent criminal? If you did not, you may be charged with giving false information to a police officer. Either way, prosecutors today are very reluctant to dismiss domestic violence battery charges based on the witness recanting their report. It is imperative that you seek counseling to break the cycle of abuse. I urge you to seek out a local women's shelter and advocates for help in dealing with this violence. You don't need to be a victim. Seek out help before it is too late and your next trip is to the morgue - one way.

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Answered on 3/18/14, 9:10 am

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