What does it mean to give police a statement?

What does it mean to give police a statement?

Giving a Statement to Police Officers: A Criminal Defense Lawyer | Attorney’s Perspective. If you did it, admitting it to police officers makes the prosecutor and court go easier on you. Without a statement, an officer will arrest you because they do not know both sides of the story.

What happens if you recant a statement?

In California criminal cases, the determination as to what, or if, charges get filed, is made by the State Attorney. This decision is not made by a victim or witness. This means that, even if a statement gets recanted, a prosecutor will continue with the case against the defendant.

What happens when you give a witness statement to the police?

The police will ask you to explain what you saw, either in writing or on video – this is your witness statement. They’ll ask you to sign it to say it’s true. People involved with the case – for example lawyers or the judge, will read or watch your witness statement. They might also use it as evidence in court.

Can you refuse to give statement to police?

Whilst there is no legal requirement to give a witness statement to the police there is a moral duty on each of us to help the police with their enquiries. For many, the prospect of giving a statement and appearing in court is frightening for reasons such as fear of reprisals and nervousness about going to court.

Can you recant your statement?

If the victim later changes his or her story or takes back the statement altogether, it’s known as recanting. This can happen at any time during the case, including at trial, but is often done early on in an attempt to get the charges dropped against the attacker.

Can you be charged without any evidence?

You cannot be arrested without evidence. In order to be arrested for a criminal offense a police officer must have probable cause. It’s when a police officer has developed a case to the extent that a reasonable, cautious police officer would believe the accused to be guilty.

What happens when you give a statement to the police?

A statement is a written or in certain circumstances a video-recorded account of what happened and may be used as evidence in court. Before making any statement, the officer will ask you a number of questions in order to know exactly what happened. When making a statement you should tell the police as much information about the offence as you can.

Can a person make a video statement to the police?

Sometimes the police may need to speak to you more than once, for example, if they need to check information. In some cases, if the police believe you to be ‘vulnerable’ or ‘intimidated’ as defined by law, you can make a video recorded statement instead of a written statement.

When do you have to give a witness statement?

Giving a witness statement When someone witnesses a crime happening and reports it to the police, it is often the case that they will be asked to provide a witness statement. The witness will be asked to explain what they saw, either in writing or on video and they will be asked to sign the statement to say that it is true.

Can a person be charged with making a false statement to the police?

This section states that Defendants may not be able to rely on a fact unless mentioned to police at the time of questioning. Generally, it doesn’t hurt to give a statement as a witness, but you can still be charged with making a false statement to police if you make an untruthful statement.