Legal Question in Criminal Law in California
Can i deny a statement that i made in a recorded police interview? I was interrogated today by police at my high school and i cracked under pressure and told them everything unknowingly ratting out my friends. I need to know if there is a way that i can deny or say that i "forgot" what i said in the interview?
3 Answers from Attorneys
It's pretty obvious you know what you said in the interview, and no attorney with half a brain would advise you to commit perjury by saying you "forgot" what you said. Advising someone to commit a crime is a very serious ethical violation and could cost a lawyer his or her license to practice law.
If your friends are charged with a crime, you should cooperate with their lawyers, which means TELLING THEM THE TRUTH. Criminal defense attorneys would rather know everything ahead of time, which means making sure you don't get caught in a lie during trial.
In the future, remember that you are not obligated to talk to the police, and politely tell them you have nothing to say. However, if you receive a subpoena, your must appear in court and testify.
Your friends' lawyers may attack the reliability of your statements, arguing that you lied to the police under pressure.
You can, but not legally. Lying under oath is called perjury. Even if you're not under oath, lying to law enforcement about material facts is also a crime. (Remember Martha Stewart?) Either way, it's probably a more serious crime than whatever you now stand accused of doing. No one would believe you anyway.
'Can' you deny it? Sure. You will have no credibility when you do; you'll have to say you either 'lied' or 'forgot' the truth; the statement was recorded and can be used against you. If serious about hiring legal counsel to help you deal with the mess you're in, feel free to contact me.
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