Legal Question in Criminal Law in Texas

If I retract a statement to police regarding a charge that's already been taken care of, will the charge be taken off the person's record? And could I be prosecuted? It's for my husband. He violated probation and is clean and I want to keep him out of jail. It was a domestic violence issue. He slapped me when he was drunk but has sought treatment and we've been separate as he's been getting clean. But he was on probatioan for a dwi and is facing jail for the violation. I just don't want to get into trouble. He consulted with an attorney and they told him a retraction letter from me would help him and that I would not get in trouble but I would like some reassurance he's not misinformed.


Asked on 9/22/11, 8:45 am

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Making a false report to a police officer is a Class B misdemeanor. Perjury is a Class A misdemeanor.If you give your affidavit with your new story, then you did one or the other. The best advise that anyone could give you (and that good attorneys will always give you) is to either say nothing or tell the truth. You should talk to a qualified criminal attorney before you do anything. NOT your husband's attorney.

Remember that your husband's attorney's job is to help HIM, not YOU. The attorney was right that the retraction letter would help your husband because it would make prosecution more difficult for the state. You, on the other hand....

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Answered on 9/22/11, 11:19 am


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