Home > Research Legal Advice > Criminal Defense > Can I not show up in court to prevent my boyfriend from getting prosecuted?
Asked 8 months ago - Berkeley, CA
FlagMe and my boyfriend got in a fight. He took my car without permission and got them impounded. I was upset so I filed a police report saying that he stole both my vehicles and now he has a warrant and I wish to not prosecute but I did state in the police report that I would prosecute. Is there a way I can not go to court and testify against him. This was a mistake. How can I clear up this mistake. Also I found out after the fact that he does have a prior prison conviction for vehicle theft and do not want him in any more trouble
You have a problem. If you don't appear in response to a subpoeana you can be arrested and held in contempt of court. If you do appear and say that you lied on a form signed under penalty of perjury, you could be criminally charged with perjury. You may be able to wiggle out by refusing to testify on the grounds that anything you say may incriminate you. Then in order to make you testify the prosecutor would need to grant you immunity. Once you were granted immunity you could explain how you lied without fear of prosecution.
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