Correcting an Inaccurate Statement Made to a Prosecutor

Q: Can I contact the prosecutor directly to correct my own statement?

Generally, it's advisable to have an attorney submit any correction rather than contacting the prosecutor directly, since statements made without counsel can be used against you.

Q: Is knowingly giving false information to law enforcement a crime?

In many states, knowingly making a false or misleading statement to an investigating officer about a material fact can be a criminal offense, with penalties depending on the underlying investigation.

Q: Does it matter whether my original statement was made under oath?

Yes, generally whether a statement was sworn affects whether perjury-type laws could apply versus it being treated as an uncharged misstatement. An attorney can assess this distinction.

Question

I made a statement to a prosecutor about a dagger in my friend's vehicle. Every part of the statement was true except the part about where I travelled with the knife and brought it home — that did not happen. The knife was upstairs. I put it in my friend's car because I always store it outside in a car in a lockbox when my kids are at my place. The knife was a gift from my brother, who brought it when visiting with a friend of his, because I have a knife collection. For safety reasons with kids in the home, I put it in the lockbox and meant to retrieve the lockbox from the car, but my friend left before I could say anything. I was protecting my kids, and I need to fix the error in my statement.

A. Jason Velez · Accepted Answer

Whether you're currently facing charges over this statement was never answered, and that fact should drive what happens next — either way, the correction needs to go through a lawyer, not directly from you to the prosecutor.

Under Michigan law, knowingly and willfully concealing a material fact, making a false or misleading statement about a material fact, or providing a false document to a peace officer who has told you they're conducting a criminal investigation can be a crime, with penalties that scale to the seriousness of the underlying investigation. Whether your situation actually implicates that statute, a perjury-type issue, or is simply an uncharged misstatement depends on whether your original statement was sworn or given under oath, which isn't established here. If charges are already pending, anything you say directly to the prosecutor can be used against you, so that contact should go only through defense counsel. If no charges have been filed yet, an attorney can still submit a written correction on your behalf without you creating a new, unprotected statement.

What you can do:

1. Find out, if you don't already know, whether any charges have been filed related to this incident.

2. Do not contact the prosecutor's office yourself to explain or apologize for the error.

3. Retain a Michigan criminal defense attorney to review the facts and determine whether your original statement was sworn.

4. Have the attorney submit any correction to the record in writing on your behalf.

⏱ Time limits apply. Because it's unclear whether charges have been filed, getting a lawyer to correct the record promptly matters — delay risks the inaccurate detail being relied on before any charging decision is made, so prompt attorney involvement is important.

Correcting an Inaccurate Statement Made to a Prosecutor

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