Question

Will I be Charged? I hit my boyfriend and he hit m

Asked 17 April 2013 · 1 answer

The question

I had visible injuries because he hit me while I had my sunglasses on, but he had a scratch on his neck from my hit. I called the police because I was scared he would leave me, but I waited until later in the evening. He started to pack his things and I really got scared. I told the police he hit me and without question, they took him to jail. I never told them I hit him first which would may have created a different outcome. He was convicted of the same crime in 2007...same situation dealing with me striking first and him going to jail. The DA sent me a subpoena to testify. I talked to the DA about the case and I know he's not happy about my testimony and feel he will charge me if I testify to the truth. How can I make this right without incriminating myself? Can I invoke my 5th amendment right if I didn't tell the cops the whole situation? I need help with this and am not sure how to proceed

From the LawyerCentral forum archive. Originally posted 17 April 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 19 April 2013

This is a very sensitive topic. To clarify:

You called the police on your boyfriend because you were afraid he would leave you? Furthermore, you're saying this isn't the first time where you've let him be arrested for domestic violence you initiated?

I am not a lawyer. I think it would be best to speak with a criminal defense lawyer in your area and explain to them your situation. He or she could properly explain the laws in your state as it pertains to your domestic violence case. I've read that in some cases courts won't just let a person to simply use their fifth amendment privilege with nothing to back it up. The court may ask you for more information through an attorney as to why you wish to plead the fifth. Again, an attorney would be able to explain all of the legal stipulations to you.

Although I could be wrong, I would assume since you broke the law and lied to police when you said you were hit first, you would be able to invoke your fifth amendment rights to avoid incriminating yourself. In most cases, however, a person cannot invoke their 5th amendment rights to avoid testifying. Depending on the law in your state, if you refuse to testify, any statement you made to police when your boyfriend was arrested might be able to be used in court.

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