Domestic battery misdemeanor

My husband and I got into an argument which led me to call 911..it was stupid mistake..I made a police statement saying he hit me and pictures were taken where he was more injured than I. Fact is that he did not hit me at all but had to use self defence as I was confrontational and I tried to hit him several times. The police believed my story whereas he remained silent.Trial is set for April. I want to come clean about what actually happened and want to testify the truth. Can I change from what I said in the police report and also can I get into trouble for stating something different happening? My husband is a good man with no prior record ever, this will ruin his medical career forever.

You should consider discussing your situation with a criminal defense lawyer, as you don't want to accidentally find yourself accused of filing a false police report.

My wife and I went through the same thing what you might think of doing is taking the 5th on the grounds that you WILL incriminate yourself, the judge may try and force you to testify by offering you imunity, in which case you can say whatever you wish without fear of prosecution.

what if I just dont show up as a witness? there is a chance excited utterances might be excluded as I discussed the situation with my sister before the police came..If I just dont show up..I have heard many times judges just dismiss the case or it is dropped..I know there is a chance there might be a bench warrant for me to show up but I have heard that it is rare and in only very serious cases..anyone experienced this? any feedback would be helpful!

They will not issue a bench warrent for you to show up as a witness, they will subpoena you to show up, in which case the police dept. or sherriff will have to physically hand you the subpoena, then if you dont show up a warrent may very well be issued by the judge.

The judge cannot force you to testify if you are going to incriminate yourself, it is your fifth ammendment right under the constitution, the only way he/she may force you to testify is if he/she offers you imunity, which means even if you tell the court that you stabbed him with a steak knife they cannot prosecute you for ANYTHING you say even if you state that you in deed filed a false police report.

I have already been subpeonad. I really dont want to testify..I have heard its rare bench warrants are issued..its only in very serious cases...Im thinking about not attending. If I do testify, then my police statement will come in and I dont want that...Also I think its up to the prosecutor to allow immunity not the judge and our ADA is supposed to be really mean..