Legal Question in Criminal Law in Minnesota

Re: recanting a statement

Yes. The prosecutor may proceed if he/she believes that there is sufficienmt evidence to do so. If you testify inconsistently with your prior statement, the prosecutor may use that statement and question you regarding it.

It would be difficult for the prosecution to prevail without your testimony unless there is some independent corroboration.

Re: recanting a statement

A prosecutor can force a trial on a defendant if he or she has some evidence which a reasonable could jury could use to find a guilty verdict, essentially. This is true even if there is other evidence which would contradict or tend to disprove that prosecution evidence. If a witness gives a damning statment to police, then testifies at trial of innocence, the prosecutor can be expected to argue the jury should believe the first statement, not the trial testimony. Theoretically, that could support a conviction - if the jury buys it.

If the witness is not available at trial, the statement to police might be found inadmissible hearsay, in violation of the right of confrontation, and stay out the trial. But, there are situations where an out-of-court statement can be held admissible, even when the declarant is unavailable at trial.

If this is important, consider retaining a lawyer for the witness. I have helped witnesses many times.