Legal Question in Criminal Law in California

i called the police on my childrens father and told them that he had a gun when telling me to leave our residence. i later found that he had no weapon. i believe that the stress of all the events that had taken place that day and maybe being pregnant took to such a high level of panic that i made a mistake. i talked to my pshciatrist the following day and was told it is very possible that it was a dillusion. i was asked to testify in court and now i am afraid that they are going to say a filed a false complaint. i didnt. i didnt even call to say that he had a gun, only to get an escort to my home to collect some of my things. what does this mean for me. i knew i was wrong when nothing was found, i made a mistake.


Asked on 9/30/10, 12:54 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The right thing to do would be to come forward and attempt to clear the man you wrongly accused and jailed (if they wiill believe you). If called as a witness, you should testify truthfully. You would be doing him a favor if you left him.

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Answered on 10/05/10, 4:53 am
Anne Marie Healy Law Offices of Anne Marie Healy

Mr. Stone is correct, but there is reason to have caution. I had a trial where the wife said she was mistaken about whether the husband actually hit her. She said that at the time, she thought he was trying to hit her, but later realized he was just trying to stop her arms from flailing and hitting him. The jury didn't believe her and convicted my client. I later found out from the D.A. that when a wife recants her story, they get more convictions because wifes usually recant because they don't want to see the husband get in trouble.

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Answered on 10/05/10, 3:38 pm


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