Retraction of My Police Statement

[ReinventTheExit]

My question involves criminal law for the state of:

OK, I'm the victim of 1st and 2nd Degree assault with a firearm. When the Police responded I was firm to use my right to remain silent. The police officer that responded more than persuaded me into making a statement and I was under the impression that if I didnt I would get in some sort of trouble with what the officer said. So my question is can I retract the statement now? I just want this to be over with and not even be a part of it anymore. I've tried calling the Department and i get a run around, I try calling the Officer who responded and I get threatened with being charged with obstruction of justice. Can I do anything?

[aardvarc]

While it may be ok with you to let people run around assault others with firearms, most of the rest of society doesn't want that happening, and police and prosecutor should be expected to react accordingly. They have a duty to investigate crimes and attempt to apprehend and prosecute those responsible. Interfering with that process could result in obstruction charges, as the officer has already made clear. If a suspect is identified and later tried in court, you could also be ordered by the court to appear and testify. Failing to abide by that order, if one is issued, could result in a charge of contempt of court. You can let the prosecutor in the case know that you'd prefer not to participate, and if they're able to make the case without your involvement, they will probably accomodate your unwillingness. Your unwillingness may also play a factor in the prosecutor offering a plea to the defendant, rather than take the case to court. If however you are the direct victim, your testimony will almost certainly be sought, by both the prosecution and the defense - and unlike property or even drug crimes, this is a crime with a firearm, so even with a reluctant witness, the state may still wish to pursue this offender, lest they graduate to more violent interactions.

In other words, no, the criminal case in which you were the victim isn't going to go away unless the state drops it (for some reason they can't make the case). But prosecutors get paid to prosecute, and this case involved a gun. They'll TRY to push through a conviction. In theory, such a case could be a year, or longer, before it gets to trial. But once you've given your original statement, your involvement isn't likely to be needed against until and unless the matter proceeds to trial (but really most cases are pled out) at which point the attorneys in the case may want to depose you. Your next involvement wouldn't be until the actual trial, where you could be called as a witness. So it can be a long process IF the case goes through trial, rather than being pled out, but your involvement would be at very predictable points along the route such that planning for them shouldn't be too difficult.