Legal Question in Criminal Law in Mississippi

Re: withdrawal of statement

It cannot be used against a defendant because it would violate the defendant's right to confront a witness. However, if you gave a false statement, you could be responsible for obstruction of justice or perjury. To protect yourself from perjury, you will have to recant the statement before the government acts in reliance on it. However, a recantation may not protect you from an offense of making a false statement. If you gave a truthful statement but refuse to testify, the court can hold you in contempt and put you in jail until you are agreeable to testify.

Re: withdrawal of statement

The statement cannot be used in a criminal trial against the Defendant in most cases unless you are available for the Court so that the parties can "Cross Examine" you about the truth of the statement. However, you cannot "simply decide not to testify" unless the party about whom the statement was made was either a client of yours (as a lawyer) or a patient of yours (as a Physician) or unless you are the defendant's Pastor/Priest. Otherwise, you have no "right" to refuse to testify and the State can compel your testimony. If you refuse to testify then you may be incarcerated by the Judge for refusing his instructions at Court to "answer the question" presented by the Prosecutor.