Victim wanting to recant her statment

[blake70d]

What is the name of your state (only U.S. law)? Pennsylvania

I will try to make a long story short.
I have a PFA against my fiance. I've tried to get it dropped 2 times, & the courts denied it.
He is on Probation. We do live together even though he's not suppose to b/c of the PFA. But since they won't drop it we were "hanging low" till the PFA expired. Recently we were having some problems and he was staying with his brother. My car had broken down, i called him & asked him to come look at it. He said he would call me later if he could. I went out that night and got home very very late. Once home for about 2 hrs he walked out of our sons room. This caused a huge fight b/c i came home with another man. We exchanged words. He said he was there & he did fix the car (which he did) and he just fell asleep in our sons room. I was quite intoxicated at that time, he left in our car (it's our vehicle, but registered to me). Being stupid & not thinking clearly i called the cops told them he violated the pfa and stole my car. I now realize i totally over reacted. I did at that time make a statment to the police. I want to recant my statement b/c he really didn't do anything wrong. Considering the situation it could have been alot worse. I'm foolish for what i did. So my question is**************..there are now hearing scheduled against him filed by the commonwealth. Can i recant my statment to the police? I wasn't in the right frame of mind, i made a huge mistake and over reacted. Will i get in trouble if i refuse to testify against him?What is the name of your state (only U.S. law)?

 

[Ozark_Sophist]

He violated the PFA and stole your car. The state already has the evidence it needs.

 

[blake70d]

He brought the car back to me 2 weeks after he took it though. The cops told me once i told them i had the car back that they couldn't charge him with stealing it. Also they are charging him with burglary from when he came into my house. But technically, even though he wasn't by law allowed to be there it was his home. All the warrants they are sending to him and all his paperwork he's received in jail has my (our) address on it that that is his residence.

 

[CdwJava]

How do you plan to "recant"? Are you going to tell them you LIED (which would be a criminal act on your part)? Or, are you going to try and do a tapdance saying you were mistaken but now are clear?

If you intend to change your story, consider speaking to an attorney first.

In the end, they still have what they need to convict him if they want to pursue the matter. If you don't want to go out of your way to cooperate with the state, that's your business ... though, if that's the case, consider dropping the protective order. And, if called to testify, do not lie. if you DO lie, you and he can change places - him to freedom, you to jail.

- Carl

 

[blake70d]

Carl
Thank you for responding. I have already tried twice to drop the protective order. He is not abusive anymore. He went to classes and we were seeing a counselor together. If he was still that type of person, him seeing me with another man would have triggered something. He didn't lay a hand on me. Which proved to me something. But the courts still refuse to drop it. I do not & will not lie for him. Yes what he did was wrong. But i think what he's being charged with is ridiculous. A felony for burglary, a felong for possession/transportation of stolen property (car), and some other felony i can't remember what for, and on top of that they are trying to charge him with 3 pfa violations. I just think all of it is excessive. My statement to the police was accurate, so i guess i don't really want to "recant" or go back on what i said b/c it is true. I just think that b/c the car was "ours" and he paid for it even though it was in his name he shouldn't be charged with all that, and technically even though there was the pfa, i was allowing him to live with me. My residence was his home. His probation officer would send all his mail to my address. They knew he was staying there. And now since that incident happened, all of court papers also come to my address. So how can they really do that. I'm just aggravated that's all and not really understanding why/how he can face 3 felony charges for something so petty.

 

[CdwJava]

I have already tried twice to drop the protective order. He is not abusive anymore.

Of course not - you have a protective order shielding you from him. Though, from the sound of it, the two of you have been ignoring the order ... thus putting HIM at risk of jail.

But i think what he's being charged with is ridiculous. A felony for burglary, a felong for possession/transportation of stolen property (car), and some other felony i can't remember what for, and on top of that they are trying to charge him with 3 pfa violations.

These are for the state to determine, not you. If you want to help him, hire an attorney for him.

and technically even though there was the pfa, i was allowing him to live with me.

That was brilliant. He was practically guaranteed jail time by that arrangement!

- Carl

 

[blake70d]

No need to be an ******* about it really. If you want to give advice atleast do it in a professional manner.
But thanks anyway.

 

[CdwJava]

Please point out where anything I wrote was improper or incorrect.

Your arrangement DID practically guarantee he would be charged with a violation of the PFA. This is true.

You are in no position to help him aside from providing funds for an attorney or committing perjury. Also true.

You have no say in the state's prosecution of him or not. Also true.

Sorry if people are not holding your hand here, but you and he allowed this situation to develop. He is responsible for his situation, and you helped. Ultimately, it is up to him to crawl out of his hole.

- Carl

 

[blake70d]

Nothing you said was inproper or incorrect. I stated you were very unprofessional. End of story. But i do appreciate your opinion. Anything helps. And you did put some clear thoughts in perspectiv for me.
Again thanks.

 

[CdwJava]

Of course, it should be noted that I am not acting in an official capacity. So even if I said something in a manner that might not be appropriate when I am in uniform, it is not so when I am here.

And I respectfully disagree with your characterization, but we can agree to disagree.

- Carl

 

[seniorjudge]

...
Nothing you said was inproper or incorrect.
...

Then where's the beef?

 

[>Charlotte<]

"Help, police!! I want a PFA!!!"
"Never mind, we made up."
"Help, police!! He violated the PFA and stole my car!"
"Never mind, we made up."

If you want to help your boyfriend, you can start by figuring out the police aren't your pit bulls that you can put on and take off the leash whenever you decide you want to sic them on somebody.

 

[Zigner]

Nothing you said was inproper or incorrect. I stated you were very unprofessional.

Carl is one of the, nay, THE most professional poster on this board, IMO.
No offense to all the others who may be tied for second

 

[CdwJava]

Carl is one of the, nay, THE most professional poster on this board, IMO.
No offense to all the others who may be tied for second

Wow ... now I want to blush!

Thanks!

- Carl