Is there anyway out of testifying?

Question

I've been supenaed to testify against my ex bf and I was wondering if there is anyway we can get out of this. The crime was against me but the state pressed charges. He never touched me it was all just a big misunderstanding.

Answer 1

Subpoena literally means, "under penalty". If you fail to appear where and when the subpoena directs, you will almost certainly be penalized for it, and you may even be jailed. The only way out is to prove that it is unfair for you to appear in that location... which is not really your problem with the subpoena, is it?

The problem is that you don't want to testify. The subpoena does not require you to be cooperative. Just to appear and answer questions. Of course, answering questions falsely carries its own penalty - perjury. But again, it doesn't really sound like you want to lie. You want to clear up a misunderstanding.

So if what you say is so, you really have nothing to lose by showing up. You don't even have to lie.

In all likelihood, you are not being summoned to a trial, but to a deposition. You will be sworn in and asked questions, but they will simply record your answers. A deposition CAN be read to a jury later if you don't show up to a trial for some reason. But I know of very few attourneys who would even dream of calling someone to court without knowing first what they're going to say. So that is probably what this is. Certainly if you're not going to assist the prosecution in any way, it makes their case much harder, and they may even drop the whole shebang as unwinnable after that. Go and see!

Answer 2

In most states, the law allows the state to press charges by itself because victims of domestic abuse so often back out of testifying.
I'll take you at your word that he never touched you, though I wonder how the charges arose if that's true.
Either way, if you've been served with a subpoena, you can't avoid testifying without risking a contempt charge, which could land you in jail. For your own sake, go when you're required to be there, and testify truthfully.

Re: wudbiser -- you can only refuse to answer with Fifth Amendment protection if answering the question might appear to incriminate you. If you're asked a simple question like, "Did he hit you?" and refuse to answer on Fifth Amendment grounds, the judge won't buy it for a minute. He/she will point out that there is no way you can possibly incriminate yourself by saying "yes" or "no" to that question. You'll then be told to answer or face a contempt charge.

Answer 3

Your ex could plead guilty....

It's possible that you may not get called to testify. Don't sweat it. If you get called to the witness stand. Be clear and truthful with your answers.

Remember the judge has to make a ruling based on facts. If there are extenuating circumstances, you could always make a request of the judge.

Suppose your ex b/f was pulled over for speeding and the cop saw your dress ripped and a bruise on your exposed thigh.. He says, "Miss, are you okay?" You are evasive with your answer. He thinks, "This guy attempted sex and she refused..."

He runs your b/f in and he is charged with attempted statutory rape. When you're on the witness stand and the D.A. says, "Did the defendent rip your dress?" "You say, Yes, but" The D.A. says, "a simple yes or no will suffice." "Yes or No?" You say, "yes." Did the defendent cause you to sustain the bruise on your thigh as seen in this exhibit G? "yes, but"... A simple "yes or no" "yes."

If his attorney doesn't bring it up. Ask the judge, "Your honor, if it please the court, I believe there are extenuating circumstances in regard to my testimony that relate directly to the case. May I elaborate?"

The Judge may say, "Yes or No." If the Judge says, "Yes." Then proceed with FACT and FACT only. "Your honor the D.A. asked if the defendent ripped my dress. Without allowing me to elaborate, the defendent's car was out of gas. Rather than leave me in a car defenseless. We walked across a field. Well, there was a barbed wife fence around the farm and my dress got caught. When we tried to untangle it, it ripped and my b/f's arm hit my thigh when he lost his balance on the soft soil. There was no sexual activity involved."

Do NOT break eye contact with the judge, let them KNOW the truth because a judge has to make rulings based on TRUTH. Don't play games, Don't try to hide facts. They can tell when things are well fabricated. If they think you're lying or were coached by the defense attorney. They will more than likely throw out that part of your testimony and rule based on the evidence that they believe is true.

You could also get a contempt charge if the judge thinks you're lying. So tell the truth, the whole truth, and NOTHING but the truth. No speculation, no wild theories... TRUTH...

Answer 4

Yup, say you have no memory of the incident. You cannot recall anything, sorry i can't be of more help. Tell them that and it may work. If not, just answer every question with "At this time I wish to assert my 5th amendment privelage". Or you can just plainly say, I don't remember to each question. How the hell can they prove what you remember or don't remember?

Perjury Smerjery, our leaders do it

Answer 5

i'm not sure cuz it depends what state you're from. they might be able to lock you up untill you do. asking a lawyer is your best move. dont take legal advice from people on this site. just remember to stick to your story no matter how hard they try to break you. if he did hurt you in any way though, leav him now, he will do it again. and don't stick up for him so he can do it to you or someone else.

Answer 6

You can talk to the prosecuting attorney and if they don't drop the charges, you will have to testify. Remember, no matter what, it is perjury to lie under oath! ;)

Answer 7

tell everyon. tell them that he didnt do anything wrong and u wont testify against him. they cant make u

Answer 8

me me!