Legal Question in Criminal Law in New York

If called as a witness, your son can recant his statement on the stand. He should be prepared to defend his actions as to why he is changing or challenging his own words.

If the statement was only taken as a witness, he may be able to give an amended statement. However, many times clients are told they are giving a statement as a witness but that statement is later used against them to charge them with a crime. Although not a tell all, one way to differentiate the two is to ask for a copy of the statement. If the top of the statement has " miranda warnings". "This statement may be used against you... " or similar language the statement is more than likely going to be tried to be used against you in a criminal proceeding. If no admonition, then probably just a witness statement.