Retracting False Accusations
From an anonymous commenter (Revised for spelling, punctuation and all caps; comment since deleted):
I called the police on my boyfriend and said he hit me with a gun which never happened. I was mad and I wanted him to go to jail that day.
But now I feel bad for lying and I want to tell the truth but I don’t know what will happen since I lied to the police.
Please help me and tell me what I should do.
If you were meeting with “Criminal defense lawyer Jamie” I would probably be under an obligation to tell you that you are subjecting yourself to the possibility of being charged with False Report to a Peace Officer by stepping up to the plate and admitting your lie.
Prosecutors routinely threaten to file such charges against complainants (I refuse to call them victims) in assault cases when they “change their story”. In actuality it almost never happens.
In over ten years of practicing criminal defense, I’ve had the occasional false report client, but I’ve never seen one for this particular situation – that is, for taking back an accusation of assault. But as your lawyer, I might feel obliged to advise you to shut up. And at the very least, I’d warn you of the possible consequences, and have you balance that with your need to assuage your guilt.
But here’s the thing. I’m not your lawyer, and this isn’t legal advice, it’s “be a decent human being” advice:
Go to the police, the prosecutor, and your boyfriend’s lawyer – and tell each and every single one of them that you falsely accused him. If his lawyer is worth anything at all, he will have you sign an affidavit to that effect.
He is in a heck of a lot more trouble than you are, or probably ever will be, but more importantly, it’s the right thing to do.
But then, you already knew that, didn’t you?
