Legal Question in Criminal Law in South Dakota

my boyfriend recently went to jail because he got drunk and didnt purposly hit me he did it when he was swinging his arms all over. He started freaking out so we had to get the cops involved. They are charging him with domestic and simple assult. I want the charges dropped but they wont let me drop them. Then in court the states attornet lied about his case and now he is in jail still. I want him to not be charged with this because it wasnt demostic. If i dont show up for his court to testify against him will they drop the case. And if i do have to go to his court can i plead the 5th and get by with it?


Asked on 11/24/10, 6:28 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

If you are subpoenaed (which you will be), you will have to go. The case will not be dropped if you don't show up; instead, the marshals will find you and bring you to court. They will use force if necessary. And if they don't find you right away, the case will be continued while they keep looking.

The Fifth Amendment is not just a convenient way to avoid testifying when you'd rather stay quiet. You can only invoke it when you have valid reason to think that a truthful answer would either result in you being prosecuted for a crime or be used against you in such a prosecution. Nothing you have written suggests that this is true.

You say the prosecutor won't "let" you drop the charges, but that's not how it works. The authority to drop a charge belongs to the prosecutor alone. It is never the victim's decision. The victims in domestic violence cases often ask for the charges to be dismissed, and it is very common for the prosecutor to refuse such a request.

If you want to help your boyfriend, you should ask his lawyer what you can do. You should also speak with a lawyer on your own if you believe you might get into legal trouble -- especially if you have made any false statements to the authorities.

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Answered on 11/29/10, 6:55 pm


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