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Asked about 2 years ago - Pontiac, MI

my boyfriend is being charged with a domestic, i dont want him to go to jail and i dont want to testify against him. how can i fix this?

Attorney answers (1)

  1. Timothy P. Flynn


    Contributor Level 15


    Lawyer agrees

    Answered . This situation seems to arise quite frequently. A domestic dispute erupts, gets heated and often, physical. Someone calls the police and, bam, a full-blown criminal case gets cranked-up. Now, when things have cooled down, you as the alleged victim, do not want to proceed with the case. The Oakland County Prosecutor, charged with enforcing the state criminal laws within our county, however, does not want to just drop the case.

    As the complaining witness, they cannot proceed without your testimony, unless there are other res gestae witnesses (fact witnesses). The risk for you is that you get jailed as a material witness or, you are charged with: a) perjury if you do not testify truthfully (unlikely); or b) get charged with making a false police report if you change your story (also somewhat unlikely).

    All this costs money too; money and reasources that the prosecutor and the court could allocate elsewhere on other more important cases.

    So the best thing to do in this situation is to tell the truth on the witness stand. Perhaps you will be spared this unsavory task if your boyfriend takes responsibility with a guilty plea. In the future, however, be careful before you make that call to 911. If you really are in danger, by all means protect yourself and make the call. Think twice, however, the next time you seek to use law enforcement as an arbiter of your personal relationships as we all end up paying for that.

    The response to this post is not intended to provide specific legal advice or to create an attorney client... more

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