So I'm the victim in a domestic violence i absolutely do not wanna go through with it I was even subpoenaed for a probable cause hearing which I explained on stand that I didn't wanna follow through several times and told them I didn't remember and am prescribed Xanax the reason why I even told was bc children services had called the police after we got into an argument and I called them out of anger and told them about a previous issue I had with him which is unrelated to my so now I have to go through with this and im willing to do anything to fix it I understand that some of you may not agree but it's what I want and I'm
Even willing to get a doctors note saying I take Xanax literally anything to get rid of this , I didn't lie but I'm willing to go to the extreme of recanting my statement and was wondering if I could get into trouble I'm trying to contact a lawyer as we speak and see my doctor tomorrow . I did try working with prosecutor and getting it dropped down from a felony to a misdemeanor but they never return calls and in person I think she told me what I wanted to hear and pressured me into taking the stand they also pressured my statement at the police station
It sounds like you have already recanted your previous statement when you testified at the probable cause hearing. I would think they would have already charged you if they were planning on it. If you are talking about giving a third story, I would advise against it. Not only could you be charged, but you would probably hurt him rather than help him. Best of luck to you.
Not wanting to follow through saying what you said before isn't true are two different things. As you've discovered, the state doesn't need your permission to pursue the charge. As its a felony, he either hurt you really badly, you were pregnant, or he has priors.
Since you haven't said anything untrue yet, I must advise you not to as you could be charged with falsification for the report. Such a charge in a DV case is unlikely. Prosecutors generally do not pursue charges against the person they perceive to be the victim, even if the victim backs up on his or story after the fact.
Do not, however, take the stand and lie. Perjury is much more serious than falsification and many prosecutors do pursue it. There is a big difference between what you say in meetings and what you say from the stand.
You've really done all you can legally do at this point, but consider getting your own attorney and discussing the issues with him or her in private.
Answers provided by attorney Matt Williams to questions on Avvo DO NOT form an attorney client relationship. Mr. Williams is available to represent persons charged with crimes in Ohio for a fee. Only after Mr. Williams is retained, or agrees to discuss a matter privately, shall Mr. Williams be deemed your attorney. Mr. Williams answers questions on Avvo only to provide general advice based upon the limited information in the question.
What you have said so far does not appear to be either perjury or falsification.
If you attempt to lie on the stand you can be charged with perjury. That is a serious problem and it can end very badly for you.
These answers provided by Sean P. Martin, Esq. are not intended nor shall it be deemed to be the rendering of legal advice. The answers above are given based on the information provided, which is insufficient to give meaningful legal advice. These answers shall not be construed as part of the creation of an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Questioner has responsibility of obtaining legal advise from an attorney and is urged to do so.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline