Legal Question in Criminal Law in Tennessee
changing a statement at the court date
can a person who gave a statement to the police at the time of the crime change that statement on the court date if they didnt tell the whole truth or were scared? Will they get in trouble?
1 Answer from Attorneys
Re: changing a statement at the court date
The witness not only CAN change their statement, they SHOULD do so or face possible perjury charges. If their statement is seriously at odd with what they told the police initially, they COULD be charged with filing a false report (in other words making a false statement to the police), but that charge is a misdemeanor and has to be filed within one year from the date the offense is committed, meaning that if the witness testifies more than a year after making the statement the state can not file charges for the false statement to the cop.
If the witness testifies falsely at trial, not only will the judge or jury be left with false evidence to decide the case, the witness could be charged with perjury, a far more serious offense carrying considerably more jail time.
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