My boyfriend was arrested for domestic violence, although he never hit me, he pushed me, and covered my mouth, and said "You dont have any witnessess now", but he was playing, but I didnt know that. I have anxiety disorder, and panic disorder, was not on my meds that day, I wanted to drop charges but DA wont let me. My boyfriend says dont tell them anything, even if it sounds good, but they have threatened me with CPA even though my 9 yr old was not present, do I have the right to remain silent about this without hurting myself, or my child?
2006-10-28 09:54:15 · 11 answers · asked by xenypoo 4 in Politics & Government ➔ Law Enforcement & Police
Yes, I was panicking over a seperate issue when this inncendent occurred, and I did tell the truth, although while in a panic, I can't think clearly all the time. Things get muddled.
2006-10-28 10:11:25 · update #1
I know I have to appear, and of course I will tell the truth. However, I am afraid a court will not understand anxiety disorder, as many folks don't. I asked the judge to require my boyfriend to take a class on how to understand and deal with people with my anxiety problems, but she still threatened me with CPA. I feel helpless. Isn't there a way to repair my over reaction?
2006-10-28 13:16:25 · update #2
I am also easily frightened.
2006-10-28 13:18:45 · update #3
It was not the Prosecuter who threatened me with CPA, but the judge herself. She used scare tactic's on me knowing I have anxiety and panic disorders.
2006-10-29 08:37:49 · update #4
I wonder if you're really protecting an abusive man, which I don't condone. However, if he is truly innocent, simply talk to his attorney. If, while you are on the stand, the defense asks you if you were coerced into testifying, say yes, and tell them about the threats to your child, made by the prosecutor. That will make the prosecutor look like the moron he/she is.
2006-10-28 14:09:53 · answer #1 · answered by Allen Montgomery 2 · 1⤊ 0⤋
Ok, here's the deal.
The rule is -- if subpoenaed, you must appear, and you must answer questions truthfully UNLESS
Anything you MIGHT say COULD be evidence of a crime.
Lets take this a step at a time
If you made a false statement to the police at the time of the arrest, and now testified, what would happen?
You could either be charged with perjury (unlikely, but possible, because you told something else to the police, but you were not then under oath); or
You could be charged with obstructing a police officer (much more likely -- if you provide false information, you are obstructing an officer in the performance of his duty).
So ... you are allowed to plead the Fifth Amendment and not answer any questions.
But, wait. Before you do this, it is important that you have an attorney. Talk to the Public Defender's Office and/or Legal Aid. THIS IS IMPORTANT.
One way the state tries to get around your silence is to (a) offer immunity; or (b) have the judge hold an "in camera" review of your proferred testimony to decide if the exercise of your right to remain silent is made in good faith.
Further, there are many different levels of immunity. This is actually a very tricky area of the law, and you need help.
You cannot use your boyfriend's attorney, as he is duty bound to offer advice that will help your boyfriend (and not you).
So, there MAY be ways to avoid testifying, but you need professional assistance (attorney) to exercise those rights.
Good luck.
2006-10-28 10:46:51 · answer #2 · answered by robert_dod 6 · 1⤊ 0⤋
If you do not testify they can hold you in contempt of court if they want to. Unless the the information is going to show you guilty of some crime they can compell you to answer.
And if they agree not to charge you with anything you testify to, they can force you to testify about anything. Well they can't make you testify but they can hold you in contempt if you don't.
since you made the report, if you would swear it did not happen, they then charge you with filling a false police report.
No, he shoved you and threatened you, it happened, he has most liekly made up some lies to try and get out of trouble, and you are scared to testify against him.
YOu testify and tell the truth of exactly what happened, not what he told you happened.
And if they beleive you are covering for an abusive persion child services can feel the child is at risk in the home.
2006-10-28 11:54:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sounds like you have some issues you need to deal with.
Why are you writing this question? It seems to me that you already know the answer. Your boyfriend is abusive and you know it. This is the first time nor will it be the last time. Get out while you can or stay and become the enabler for his abusive behavior.
If you stay, don't continue to call the police and cry wolf. Make a decision and do it for yourself. Continue to get abused or make a stand.
Love doesn't have to hurt.
2006-10-31 01:55:56 · answer #4 · answered by Eddie 4 · 0⤊ 0⤋
You need to look at it another way. Now that the police are involved they will take action where you are afraid to. They will do for you what you cannot do for yourself. You are in danger and putting the child in danger. That is why the laws are there, they can take action with or without you. If you say what you should you can begin to make changes that will improve your life and the life of the child.
2006-10-28 09:59:03 · answer #5 · answered by sdh0407 5 · 0⤊ 0⤋
You do not have to answer questions, but you will go to jail. Just cooperate, help yourself and your child. Who is more important your child or the person that got you into this mess.
2006-10-28 10:26:31 · answer #6 · answered by Mugsy's Place 5 · 0⤊ 1⤋
If it is true, you could argue that without your medications your memory is not accurate and you often "remember things that didn't happen". But only if it is true.
2006-10-28 09:58:57 · answer #7 · answered by John L 5 · 1⤊ 0⤋
either tell the truth, or get a attorney he\she will know what you can say and what you can't to hurt your case or not.
2006-10-28 09:58:43 · answer #8 · answered by Anonymous · 0⤊ 1⤋
sounds like u wilth a abusive man - who is tricking you to think he was joking--so he stays out of trouble---tell the truth
2006-10-28 09:56:40 · answer #9 · answered by redneckwoman672000 1 · 1⤊ 2⤋
You two are a mess
2006-10-28 09:56:03 · answer #10 · answered by Anonymous · 1⤊ 2⤋