Can I not show up in court to prevent my boyfriend from getting prosecuted?

Asked about 2 years ago - Berkeley, CA

Me 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

Additional information

The police officer informed me to file a police report in order to get my car back.the officer informed me that he has a warrant for his arrest and I informed him that I filed a police report. My vehicle was recovered but he still has the warrant. I want nothing to do with him and don't want to proceed in court. How can I be done with this?

Attorney answers (3)

  1. Greg Hagopian


    Contributor Level 13


    Lawyers agree

    Answered . 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.

  2. Harry Edward Hudson Jr

    Contributor Level 20


    Lawyers agree

    Answered . Your question causes me to believe that you have been subpoenaed. If so and the service was proper, you have no choice but to go.
    If you can afford counsel, at least for a consultation, I strongly suggest that you see one to discuss your options and the consequences of those options.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Charles K. Kenyon Jr.

    Contributor Level 20


    Lawyers agree

    Answered . You may not be able to undo the harm you have done. You need a lawyer of your own at this point.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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