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

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

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. 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 each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm


  2. 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.


  3. 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 relationship as this forum does not provide for a confidential communication.

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