Sometimes, alleged victims change crucial aspects of their stories or recant allegations altogether, putting criminal cases in an odd situation that could have several different outcomes.
If the alleged victim changes their story before charges are filed, law enforcement can continue its investigation, and the prosecution could bring charges, with or without a complaining witness. If the alleged victim’s story changes after charges are filed, charges are not automatically dropped. We can file a motion to dismiss the charges in this situation, which the judge might grant if the alleged victim’s statement was the foundation of the prosecution’s case against you.
Get a free case evaluation from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
What Happens if the Alleged Victim Changes Their Story Before Charges Are Filed in a New Jersey Criminal Case?
If an alleged victim reports a crime to law enforcement and then changes their story or recants it entirely after an arrest is made but before charges are ever filed, does that mean the defendant doesn’t have to worry about an ongoing investigation or possible criminal charges?
Investigations Can Continue
The prosecution has the independent authority to charge the defendant in a specific instance, not the alleged victim. A complaining witness recanting or changing their story before charges are filed doesn’t immediately stop a police investigation. Law enforcement can continue investigating and searching for evidence that implicates you, whether or not the alleged victim continues to cooperate with them.
Charges Can Still Be Filed
You might still be at risk of facing criminal charges, even if the victim changes their story before the prosecution files charges against you. Even if charges have not been filed yet, don’t risk having any conversations with law enforcement without our Wildwood, NJ criminal defense lawyers present. Don’t think you cannot be charged in the future if more evidence is found, with or without the alleged victim’s cooperation.
Are Charges Automatically Dropped if an Alleged Victim Changes Their Story in a New Jersey Criminal Case?
An alleged victim changing their story or recanting allegations altogether typically comes as a relief to criminal defendants on trial. However, the victim isn’t the one who decides whether charges are filed or pursued, and cannot force the prosecution to drop charges for any reason.
Charges are not automatically dropped if the alleged victim in a case recants a previous statement or changes their story in any way. Prosecutors don’t necessarily need a victim’s cooperation to bring criminal charges; other evidence, such as security camera footage, body camera footage, 911 audio, and photographs, might be enough to prove a case, with or without testimony from the complaining witness. Don’t assume that the charges will be dropped just because the alleged victim changed their story.
While criminal charges aren’t automatically dropped if an alleged victim recants accusations, prosecutors who lack the support of a complaining witness may not continue to pursue charges, depending on the specific charges and circumstances of a case.
What Can You Do if the Alleged Victim Changes Their Story in a Criminal Case?
If the alleged victim in your criminal case changes their story, we may file a motion to dismiss the charges and challenge the complaining witness’s credibility on cross-examination if the trial continues.
File a Motion to Dismiss the Charges
Especially if the alleged victim recants accusations entirely, our lawyers can file a motion to dismiss the charges against you because there is no evidence without the alleged victim’s statement. If the judge grants our motion, the charges will be dismissed, but this doesn’t stop the prosecution from refiling charges against you if they find new evidence, regardless of the alleged victim’s cooperation.
We can also file a motion to dismiss if the complaining witness’s story changed in some way, but they are still accusing you of a crime, although motions are rarely granted in these situations.
Question the Victim’s Credibility
If the alleged victim changes their story in a criminal case and it doesn’t result in the prosecution dropping the charges or the judge dismissing them, our lawyers can expose inconsistencies in the alleged victim’s statements during our cross-examination when they testify. We can highlight discrepancies between depositions and testimony, calling a witness’s credibility into question before jurors.
Does an Alleged Victim Changing Their Story Create Reasonable Doubt in a New Jersey Criminal Case?
If the alleged victim involved in your criminal case changes their story during the trial, the jury should be made aware. While the prosecution can continue a case as long as a judge does not grant the defense’s motion to dismiss, they may have a far lower chance of getting a guilty verdict.
Exposing that an alleged victim has changed their story may be enough to create reasonable doubt in a New Jersey criminal trial. Reasonable doubt is all that jurors in New Jersey need to find a defendant not guilty, and highlighting discrepancies in witnesses’ statements and accounts of the alleged offense can help create it.
Are There Legal Consequences for Alleged Victims Who Change Their Story in New Jersey?
Even when alleged victims make false allegations, they might not recant accusations for fear of facing legal repercussions for making a false report or lying on the witness stand.
Alleged victims who are revealed to have made false reports to law enforcement or perjured themselves on the witness stand while testifying in a trial can face criminal charges themselves. These consequences might prevent an alleged victim from admitting they made a false report, which might explain why the alleged victim in your case has not yet recanted or changed their story, despite your innocence.
Get Our Help with Your Criminal Case in New Jersey
Call the Hamilton, NJ criminal defense lawyers at the Law Offices of John J. Zarych at (609) 616-4956 for your free case analysis.
