Is there an advantage in a Los Angeles domestic violence case for the alleged victim to recent their original statement to police?
This is a big question in a lot of domestic violence cases in Los Angeles County because a lot of times, the victim decides to take their statement back after they've given it to the police.
Then, the defendant, who is in trouble, thinks the case will be over if that happens. Of course, that is not necessarily true. I would say there are a lot of times when the victim recants their statement.
The prosecutors know that district attorneys in LA County do not get rid of cases just because the victim tries to take their statement back, especially if there is evidence to support the statement when it is given. In other words, injuries support that the victim was criminally attacked in some way.
Injuries in Domestic Violence Cases
Usually, a recantation can help a defendant when the case is questionable in the first place. For example, maybe there were no injuries, and the victim initially claimed that they were hit in a way that would have caused injuries.
The fact that there are no injuries certainly makes the case weak from the beginning. If the prosecutors don't have a cooperating victim, they are in a challenging position to prove the case at a criminal trial.
So, I think your best bet is to sit down with a criminal defense attorney familiar with defending domestic violence cases in Los Angeles County. This attorney will be able to assess the case based on all the information you provide, including what was said to the police.
They will then be better positioned to advise whether the recantation is helpful or meaningless. A good attorney can make a significant difference in the outcome of your case.
I have you come in, and we go over the whole case. I've worked for the district attorney's office and a superior court judge, and in the early 1990s, I started defending people just like you charged with domestic violence. So, I'll have a pretty good idea of what impact the alleged victim's not wanting to cooperate with the prosecutors and giving a different statement will have on the case.
Review of the Evidence
Remember that the police in LA County now have a body camera on when they arrive at the scene. So, if somebody initially gives a statement and is crying and injured, that statement will be played for a potential jury if the case goes to trial.
You must bear that in mind when deciding whether it's the type of case you want to fight. Just because the person is saying something different, the prosecutors will impeach them and show the jury and the witness their prior statements, which will typically be on videotape.
Also, you have to look at the surrounding circumstances. Were there any witnesses who saw what happened? Is there any evidence, aside from pictures of injuries, for example, that could help the prosecutors prove the case or help the defendant?
Therefore, we will meticulously examine all the facts and circumstances, the totality of everything, to determine whether it's a case you should contest or if a plea bargain would be more beneficial.
Pretrial Intervention
We will also consider pretrial intervention if the case has not been filed. Pretrial intervention is a process where, if the alleged victim doesn't want you prosecuted, we can speak to the prosecutors before the arraignment in your case. This could lead to the case being resolved without a trial.
So, suppose you or a loved one has been charged with domestic violence. In that case, you're in a situation where the loved one has decided they don't want you prosecuted for whatever reason. The potential outcomes of this situation could range from a successful defense and the case being dropped to a plea bargain or even a trial and possible conviction.
Maybe because they exaggerated the original statement, told the truth in the original statement, or lied in the original statement. Regardless of what happened, you will need the best attorney you can find. Let me put my 30+ years of experience to work for you. Pick up the phone and ask for a meeting with Ron Hedding. The Hedding Law Firm is based in Los Angeles, CA.
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