Ratings. Guidance. The Right Lawyer.
Can I be forced to testify to something I was too intoxicated to clearly remember or can I refuse to testify based on that?
Cincinnati, OH
Viewed 23 times.
Posted 22 days ago in Domestic Violence
Flag as objectionable
My boyfriend and I got very drunk the night of his birthday. We were in our home and apparently had some sort of argument. The neighbors found me with visible injuries and called the cops. My boyfriend was then arrested for domestic violence. The problem is that I was found wedged between my stairs and my door. My boyfriend was outside. There is no way anyone could have gotten through the door with me blocking it the way it was. The carpet on my stairs is lose and I very easily could have tripped given the state I was in. I barely remember speaking to the cops, but I do know that they made me sign some papers, although I have no idea what they were. I do not want to drag this out in a public setting. I feel as though this is something best handled between he and I privately.
Answers (2)
Danny James Weisenburger
This attorney is licensed in Ohio.
Posted 22 days ago.
Flag as objectionable
You can be compelled to testify. However, you cannot be compelled to testify to something you cannot remember or something that may incriminate you. If called to testify, you must answer truthfully.
Get a copy of your statement to the police. If it is not true, then you cannot be compelled to testify to what it says, since you have a right not to incriminate yourself (perjury or falsification) under the 5th Amendment. What you can do to help is to give a full statement to your boyfriend's attorney. If he doesn't have one, then he's in serious trouble. The other thing you want ot do is to STOP TALKING to the police and prosecutor altogether and consult an attorney of your own ASAP. Dan J. Weisenburger Attorney at Law www.OhioCrimeLawyer.com 
Jeffrey W. Bowling
This attorney is licensed in Ohio.
Posted 10 days ago.
Flag as objectionable
As the previous attorney stated, you can be compelled to testify. But, you cannot be compelled to testify to something that is not true or to something for which you don't remember. The danger in your situation is that you do not know what you told the police, what is in the police report or whether you completed a witness statement. For this reason, you should obtain the report from the police deparment and consult an attorney to determine your rights and responsibilities.
|
