a friend of mine got charged for contributing alcohol to me, the cops want to get him into trouble but i dont so im not gonna testify against him, what will happen if i dont testify? Do the cops need my word to get him into trouble?
2007-01-29 06:42:35 · 12 answers · asked by lil_dreamer_girl_07 1 in Politics & Government ➔ Law & Ethics
on the night that it happend, he left the house and got picked up by the cops for tresspassing so we werent together and the cops dont really have proof that he gave me alcohol except my word
2007-01-29 07:03:39 · update #1
First, the cops (with the assistance of the DA's office) can charge your boyfriend with anything they want. Proving it is another matter and will be settled in court.
Most prosecutors will want to pursue a case they can win, not just charge you, take you to court and HOPE they get a verdict they like. So, the odds are in your favor.
Now, they can summon you to court as a hostile witness and yes, if you lie you can be charged with perjury. However, if they say he gave you alcohol and you say something to the effect "I don't remember if it had alcohol in it." Then they cannot charge you for perjury because they cannot prove you cannot remember. Talk to a lawyer, he can assist you in wording your response.
Good luck!
2007-02-05 01:18:34 · answer #1 · answered by adreed 4 · 0⤊ 0⤋
it's not the cops you need to worry about it's the district attorney. In America DA's have virtually unlimited power to charge you with any crime up to and including murder and holding you in jail until you agree to testify and say what they want regardless of the truth. If all else fails they can hold you on a material witness warrant till trial date. As long as you refuse to testify the way they want, they will keep postponing the trial. If you think they don't have the power to ruin your life then remember the Duke Lacrosse team rape scandal. I would suggest you consult an attorney.
2007-02-05 23:33:08 · answer #2 · answered by bill j 6 · 0⤊ 0⤋
This is a very tough situation for you I can imagine. Don't blame yourself even if you asked your friend to buy it. He is a big boy and took the chance himself as an adult. There are still ways you can help him a little. They will ask you to testify, even coerce or scare you into it. If you do end up going to court you can plea your 5th amendment rights and say nothing with no chances of charges at all. Just say, "I would like to excersize my right to plea the 5th amendment." Of course don't tell them you are going to do that because if they know, they may (and probably will) pressure you to testify on their behalf. Even though you don't have to. If they ask you what you plan on saying, just say, I don't know, or we'll see. Or just say you're going to answer the questions. "Changing your mind" about testifying is not against the law in your case. Don't go against anything you've told the police or they can charge you with giving false statements to the police (which is not perjury-where they would have to have undeniable evidence that your first statement to them was true). They are only looking for the highest conviction they can draw on the case. Your lack of testimony puts more pressure on the asst. DA to lower the charges, even though they may still not. A lower plea bargain may also be the result of your lack of testimony. The police can still use their statements against him, but you not testifying can help, especially if it gets bonded over to Circuit Court, where the judges aren't as likely to just take the cops word for everything like they do in district. I know lots about how the system works and your best bet for your friend is to just pledge the 5th. Good Luck and I hope everything works out for the best.
I just read your additional details. If you already told them he gave it to you, my advice still stands. Which it sounds like you did tell them, otherwise he wouldn't be charged for it now. If you didn't tell them and you want to help him, say you got it from some old guy who you don't know and have never met, and have never seen again.
Whoever thumbsdowned me is either a cop who doesn't want people to have this information, or someone who doesn't know "jack" about the system.
2007-01-29 07:07:56 · answer #3 · answered by Anonymous · 3⤊ 2⤋
Well you told the police he gave you the alcohol so you are going to testify via subpoena and if you don't, they will arrest you. Simple as that.
2007-02-02 15:53:50 · answer #4 · answered by Rhode Island Red 5 · 0⤊ 1⤋
If the police have proof, they don't need you to get him into trouble. He's already in trouble. And if you lie and testify that he didn't do it, you'll be charged with perjury. (Although after Slick Willy, perjury doesn't mean jack anymore).
2007-01-29 06:52:59 · answer #5 · answered by Anonymous · 1⤊ 1⤋
You can be issued a subpoena which would make it impossible for you not to appear in court. But it doesn't like they will need you in this case. They can charge him without you or your word.
2007-02-06 06:52:14 · answer #6 · answered by Aunt Henny Penny 5 · 0⤊ 0⤋
They do not need you to charge him with contributing to the delinquency of a minor, or providing controlled substances to a minor.
You can be forced to testify as well, and if you lie under oath you will be charged with perjury.
2007-01-29 06:47:13 · answer #7 · answered by smedrik 7 · 4⤊ 2⤋
The police can lay charges. He broke the law.
2007-02-06 05:22:16 · answer #8 · answered by robert m 7 · 0⤊ 0⤋
well i don't know a lot about the law but it look's like he's busted either way.also i hope this help's you to make better choice's for yourself as well he was stupid for buying but if your under 21 there's no reason you need to be tossing them back
2007-02-05 17:27:32 · answer #9 · answered by alan s 2 · 0⤊ 0⤋
You can be forced but I doubt that they would press the case that far if you refused.
2007-01-29 07:00:24 · answer #10 · answered by Sgt 524 5 · 1⤊ 1⤋