There is a case filed against my brother by me when he hit me and now I don't want nothing to do with it anymore because my whole family won't talk to me anymore and wants nothing to do with me. I just want to not testify against him and I just want to know if I have the right not to say anything when I am up there. I don't know what to do all I have done is cry cuz I can't talk to anyone else I have no family that wants to talk to me anymore because of this and I just want this to be over and nothing to happen. What do I do? Advice please
2007-10-01 20:44:39 · 12 answers · asked by Mackenzie 1 in Politics & Government ➔ Law & Ethics
Something illegal and wrong was done to YOU, and they wont support you?....FUC K em
2007-10-01 20:48:32 · answer #1 · answered by Larry The Don ® 3 · 1⤊ 0⤋
I'm not positive if i understand in whole. But from what i gather, your brother hit you and now the criminal case is coming to trial, and the prosecutor has subpoenaed you, to testify as the victim, yes?
And your family has alienated YOU?
Well you have to decide, do you want to live as a victim of domestic violence, which is the terminology for when a family member, or one you co-habitat with, physically strikes you.
OR,
.. do you want to help your brother become accountable for his actions, and quite possibly get the help he needs, to stop this behavior.
I don't know how old your brother is, but if he's still young this could very well become a behavior that will carry on, into his children..
Although, all this is moot, if you have a writ issued by court authority to compel your attendance as a witness at a judicial proceeding. (a subpoena.)
..See, disobedience of this may be punishable as a contempt of court. And YOU will be in trouble.
You have to appear.
And all you are obligated to do, is simply tell the truth. I know it may not seem like it, right now, but this will pass. And you can be upfront at the trial, and inform the Judge, of your fears where your family is concerned.
What will happen then, is the Judge will remind you that you are doing the right thing, and (hopefully) inform your family that they are all in need of counseling.
I am so sorry to hear of your feelings of abandonment. Trials are scary enough, when you have family on your side.
Be strong. Be true.
2007-10-02 04:13:39 · answer #2 · answered by MotherNature 5 · 0⤊ 0⤋
GO to court. Do not fail to show, if you do, the judge will have a warrant for your arrest issued, no need for that. I would seek help from a lawyers referral service, they may be able to get you set up with a free consultation at least. Good luck, and just tell the truth if that is all you have to work with.
If this is a civil case that you have filed, you can have it dropped. BUT if this is a criminal case that the police, district atty., etc. are involved in, only the government can dismiss the matter. Perhaps they will do that if you tell them that you just will not testify against 'family'. I don't know, but it is their decision, the case is 'the people' against your brother now, not just you.
2007-10-02 04:00:01 · answer #3 · answered by Blitzpup 5 · 1⤊ 0⤋
If you do not go to court (or go to court and refuse to testify) then you can be charged with Contempt of Court. You can be jailed (in most places) up to a year or until you testify in court.
If you take the stand and lie about what happened, you have committed perjury and risk much more jail time than that.
2007-10-02 03:52:34 · answer #4 · answered by Citicop 7 · 1⤊ 0⤋
Did you file charges against him? Talk to the local DA's office and tell them you want to drop your complaint.
If that doesn't work, go to court and tell the truth. If your brother is violent, he may wind up hurting someone really bad the next time. Even someone in your family.
If he is not so bad, then he will probably only get a warning and probation, if that.
2007-10-02 03:50:50 · answer #5 · answered by San Diego Art Nut 6 · 1⤊ 0⤋
The prosecutor probably offered your brother a plea bargain, and he refused it because he is confident you won't testify. If you let him get away with it, the problem of him hitting you won't go away.
If he is convicted, you have the right to talk to the judge at sentencing. At that point, you could request anger management and probation instead of jail. That should make your family happy, and teach your brother not to hit you.
If your family continues to bother you, remind them that is intimidation of a victim, and they could get in trouble too.
2007-10-02 04:13:45 · answer #6 · answered by trooper3316 7 · 0⤊ 0⤋
you do have to appear in court. on the day of the court try getting there early and talking to the county attorney or the attorney that is suppose to be there on your behalf and let them know how you feel. they will be able when time comes to call your case to ask for a motion to dismiss. and go from there. but if your brother is of an abusive nature this will likely happen again and maybe worse. if it is his 1st offense they will no doubt have him do some anger management classes. best wishes, take care.
2007-10-02 04:00:07 · answer #7 · answered by Gladys C 5 · 0⤊ 0⤋
You go to court and tell the truth. Or you refuse to testify in which point you will be held in contempt and jailed until the end of the trial or you come across with the info. Or you lie and then you face years in prison.
The truth is ussually the shortest process.
2007-10-02 03:53:44 · answer #8 · answered by Anonymous · 0⤊ 0⤋
well sad to say, you must appeir or you'll have a warrent put out on you.
talk to the DA's office if you want to drop it.
If he hurt you badly it is now in the puplic intrest, and you have no say any more.
He shouldn't be hitting anyone.
2007-10-02 05:00:12 · answer #9 · answered by Macisbac 2 · 0⤊ 0⤋
By law you must appear in court, you do however have the right to refuse to answer any questions and/or make a statement.
2007-10-02 03:47:44 · answer #10 · answered by Anonymous · 1⤊ 1⤋
You had BETTER go to court or find yourself with a warrent & Dog the Bounty Hunter on your a**!
2007-10-02 03:47:27 · answer #11 · answered by Dave 5 · 1⤊ 1⤋