I was a witness to a reckless driving incident and I, along with other witnesses, gave a witness statement. The accused lives in my neighborhood and is a drug user. I tried to withdraw my statement and the detective on the case will not allow it. I'm nervous because the neighbor will know that I spoke with police and I've heard through other neighbors that he is unstable. Is there any action I can take at all with a lawyer that would remove me from this case? Thanks.
1 Answer from Attorneys
The problem is that once you speak to the police, you can't really remove yourself from the case. Even if you retract your statement, you will still be mentioned along with your statement in the original police report. Since you are not a victim or a minor I don't believe there is any legal justification to have your named blacked out on the report. Had you told these concerns initially to the police, then perhaps they could have kept your name out of the report. Kind of like they do with confidential informants or anonymous tips. Now that you've already gone on record, I don't think there is any way to remove your name from the police report. In any event, the police would have your name and information and would disclose that to the prosecutor who could then subpoena you for trial. The defense would know who you are at that point.
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