Legal Question in Criminal Law in California

my ex-boyfriend and i were ina domestic violence altercation and i do not want him to be prosecuted.. he said that his lawyer asked that i sign a declaration stating that i was pressured to give my statement. he also stated that if i sign the declaration that i will not have to got to court. i am uncertain what all will be listed in the declaration however i was wondering if you could advised me on what to do.


Asked on 10/13/09, 1:30 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Your boyfriend was smart to get a lawyer. Because the City Attorney or the District Attorney will subpoena you for testimony, you will have to appear in court whether or not you sign a declaration. You don't necessarily have to testify (there are laws that allow you to refuse to testify without being jailed), but the People will use your refusal to testify to prove that you are fearful of your boyfriend and psychologically unfit because of the domestic abuse. This is a common dilemma in DV cases. Signing a declaration that you were pressured to testify will be challenged by the People just as if you had taken the stand and stated so. So it doesn't really help you. Has your BF been charged with a felony or misdemeanor? Good Luck....

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Answered on 10/13/09, 11:49 am


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