Legal Question in Appeals and Writs in California

called the cops on my boyfriend, he was drunk and wanted to drive my car ,driving crazy the cops showed up pressuring me that this guy is bad and he has bad history with the cops and he should be dead, all this negative stuff. asking me if he hit me at that point i just said yes and he has said i wanna beat the shit of you but never did ,hes going to court i do not want to show up in court but also don"t want him to serve time in jail just because i was afraid that night and they have him for kidnapping me i never said i wanted to press charges , i simply said he made me drive around but that doesn't mean he kidnapped me. hes looking at over 7 years for these charges.will i get in trouble for saying something under pressure by the cops saying my boyfriend is bad and could kill me ?

Asked on 8/14/13, 4:58 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

So you felt pressured and you lied to the police? Said he hit you and he did not? If you recant you may e facing charges. I think as a victim you could claim they pressured you into a false statement...

He's driving drunk, won't let you out of the car. That has nothing about hitting you or not. You were afraid.. It is not your choice if you are subpoenaed unless you want contempt charges.

It is nt your choice to press charges. He was drunk putting people's lives in danger. He coukd have killed you. This type of behavior in unaccpetable in society and that is why he's being prosecuted. He needs an attorney....

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Answered on 8/14/13, 8:12 pm

Zadik Shapiro Law Offices of C. Zadik Shapiro

If this is a domestic violence case the law says you do not have to testify. If I was you, I'd call the victim's advocate in the DA's office and tell them you do not want to testify. If that does not work call the DA assigned to the case and tell them the same thing. If that does not work you will have to go to court. But before you testify tell the judge that you plan to stand on the Fifth Amendment, that you do not plan to testify and that you want the court to appoint an attorney to represent you. You have an absolute right not to incriminate yourself. If you testify, truthfully (and any testimony you give should be truthful) you will admit to lying to the police and will incriminate yourself. If you call your boyfriend's attorney he/she should help you, at least until the court appoints an attorney to represent you. If you have sufficient funds you can hire an attorney for yourself. If you do that you should get an experienced criminal defense attorney.

Good Luck

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Answered on 8/14/13, 9:44 pm

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