Legal Question in Criminal Law in Washington

3 months ago my boyfriend of 8 yrs and I were going through some rough times for a few months, when we woke up one morning we started argueing then we started argueing about his computor, my boyfriend was trying to leave and as I went passed him I grabbed his phone out of his coat on the couch when he saw what I was doing he walked towards me and I stepped back tripping on my sons shoes which made me fall back on the couch and on my son, then my boyfriend went to our room it was up two steps I saw him grab something I thought was mine ended up it wasnt I had barely got to the top stair with my arm out to grab what he had as he again walked towards me I stepped back missed the step and tripped also getting caught on a cable cord that ran accross step which then I fell back over half a reclyner and half coffee table which made me scratch my leg, My boyfriend left and police came I was o angry because he had slept with this girl saying nothing happened that when the police showed up I said he pushed me, so did my son,

Three months later the prosicutor is prosicuting my boyfriend, he has not lived with me since that day he has his own apt job were he lives and things are alot better. I wrote the prosicutor telling them Ilied that he did not and I go to court in 3 days to get protection order dropped that the judge put on him, we dont go to court till sept. I just recieved a supena and so did my son but my son does not live here can I put return to sender and send it back, I dont see my son all the time and im not sure where he stays half the time becaue hes homeless can we get in trouble if i send it back. Also the guy they are charging isnt the same, the name of guy they are charging is Lorenzo Don Barnes and my boyfriend s name is Lorenzo Dow Barnes they got the birthdate right and liscense number right but they said he weighs 200lbs and has brown hair and the last four digits of his ss was wrong, he wieghs 175 and is bald can they still prosicute with that information being wrong

Asked on 7/28/11, 5:52 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

The main thing I'd advise you as an attorney is to be very careful about admitting you lied to the police as you can be charged with obstruction or providing false information amongst other allegations. Even worse, if you testify falsely you would be subject to worse perjury charges. So, I recommend you sit down with an attorney in person, yes pay the couple hundred dollars in consultation fees if necessary, and get advice that applies to your specific situation. As to their charging the wrong individual, well, sadly, that happens all the time. Again, because of the problems you face you'd best get the help of a lawyer in clearing that up.

At your service,

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Answered on 7/29/11, 2:56 pm

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