“She’s going to change her story at trial.”

Assuming a client can ever believe that one person’s word is in fact evidence, try convincing that same client that in very limited circumstances he can be found guilty even if the one person’s word is recanted at trial.57

Another daunting task is trying to convince a client that if a key witness recants her testimony after a trial, plea or sentencing, that there is no guarantee that the client will get a new trial, or be allowed to withdraw his plea. In fact, he may not even receive a hearing to determine if he is entitled to a new trial.

The truth is that most of the time if the only witness against a person recants her accusations at trial then the case is usually dismissed.58 There is even an argument that if the state knows the witness is going to recant her testimony it cannot call the witness to the stand for impeachment purposes only.59

Recantations after a plea or trial is another story altogether. Usually, the recantation of a victim or key state witness after a trial will at least result in a hearing to argue for a new trial based on the new recantation evidence.60 But very rarely does the hearing result in the granting of a new trial,61 but it does happen.62 Even after a plea, the recantation of the victim or key state witness may result in a hearing to argue for a new trial.63  But it is even rarer in this circumstance for a new trial to be granted.64 Though again it can happen. 65

The real myth here is the client’s belief that the alleged victim is in fact going to recant her testimony. Though, it does happen, it is not the norm.