Legal Question in Criminal Law in California
211 robbery charge san francisco, california
If a person who claimed she was robbed retracts her story in writing to the D.A who has not yet filed charges will they still pursue a robbery case when there is no evidence or victim?
1 Answer from Attorneys
Re: 211 robbery charge san francisco, california
Maybe. Whether they will file charges will depend upon the facts.
If the D.A. believes the retraction, he may charge the "victim" with filing a false police report. If the victim recants under oath but the D.A. still believes the original report, the victim can be charged with perjury.
Bear in mind that the victim's testimony may not be the only evidence against the defendant. Your premise that a change of heart by the victim would leave no witnesses and no evidence is unsound.
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