Legal Question in Criminal Law in Minnesota
me and my boyfriend were arrested on p/c narcotics. and i made a statement against him. i want to recant it. how do i do it? and can they still use it?
3 Answers from Attorneys
Where you both arrested? Are you both charged? You question does not have enough information to be properly answered. Do you both have lawyers?
Once a statement is made to police, normally they will be able to use it. Another statement recanting the first would be helpful to the defense, normally - but generally the first statement could still be used. It is best for the defense to avoid statements to police except with the witness's criminal lawyer being present. This is the case for any potential subsequent statements as well. To help the defense, make statements only to defense counsel.
Recanting now serves little purpose. Your original statement can generally be used in court if it was properly acquired. Any change in testimony would occur should there be a trial.
It is always important to avoid making statements to police unitl you have consulted and retained a lawyer
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