I have a friend and her boyfriend hit her and she's pregnant...he's sitting in county for domestic violence..the police have pictures and both there statements...now she is ignoring the prescutor and coming up with excuses..coming up excuses like the marks were from something else but i know the truth...she has a tpo but yet they talk on the phone everyday and now they both want to take it to trial cause she does not want him to be charged cause he's on probation with 1 violation this would be #2 and 4 domestic violences against him..she doesn't want him to be charged with a longer sentence..she is going to plead the fifth so the charges will get dropped... Is she doing the right thing?
It doesn't sound like the right thing and I think you know that. She may have difficulty pleading the fifth. That's your right against SELF incrimination. There's no right against incriminating others. That said, an uncooperative victim is the death of many a DV prosecution.
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Not only is not the right thing, it may also be a criminal offense. She really should talk to an attorney before she tries to retract her statements. Additionally, even if she does decide to do this, she is only delaying the inevitable. He will do it again and the next time could be even more violent with more significant injuries. SHe needs to lose this guy ... quickly.
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She can't invoke the fifth amendment if she isn't at risk of being convicted of anything. She can be forced to testify under oath. Prosecutors are all too familiar with victims that try to recant their testimony, especially battered women. Don't expect the prosecutors to simply let someone charged with such a serious offense walk away without a fight, especially when he has a history of this.
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