Bogus Domestic Assault Charge

[fcel]

It would be better if she did not testify at all. The prosecuter will try to spin things to show there was 'unwanted touching', no matter how minor, and that's all a jury needs to convict. Check with a lawyer and see if an accord and satisfaction is possible or if there is a way she can refuse to testify based on her incriminating herself.

[cdwjava]

It would be better if she did not testify at all. The prosecuter will try to spin things to show there was 'unwanted touching', no matter how minor, and that's all a jury needs to convict. Check with a lawyer and see if an accord and satisfaction is possible or if there is a way she can refuse to testify based on her incriminating herself.

SHE needs to check with her own attorney if she is afraid of incriminating herself. HIS attorney will, of course, be happy to find every reason int he world for her not to testify as anything that makes her look bad benefits his client.

Most of the time, if the DA wants or needs the victim's testimony, he will make a blanket offer of immunity in exchange for the testimony so that the whole 5th Amendment excuse disappears.

- Carl

[fcel]

SHE needs to check with her own attorney if she is afraid of incriminating herself. HIS attorney will, of course, be happy to find every reason int he world for her not to testify as anything that makes her look bad benefits his client.

Most of the time, if the DA wants or needs the victim's testimony, he will make a blanket offer of immunity in exchange for the testimony so that the whole 5th Amendment excuse disappears.

- Carl

Right she should be checking with her own attorney. Can a victim refuse that offer of immunity?

[cdwjava]

Right she should be checking with her own attorney. Can a victim refuse that offer of immunity?

She can try, but it sort of takes the wind out of her sails if she tries to claim a 5th Amendment exemption on the stand and there is such a blanket offer in place. If she is not in danger of being prosecuted for pushing him (arguably in self defense), then there is no crime to protect herself from. A judge might then decide to compel her to answer.

A person cannot hide behind the 5th just because they do not want to talk.

But, HIS attorney may be happy to have her try. If she ticks off the judge, his client could prevail and be dismissed while SHE goes to jail for contempt, or, maybe even for making a false report to the police (if she contradicts what she originally told them). I have seen far too many defendants maneuver their victim wives and girlfriends into a position that renders them susceptible to prosecution for perjury or a false report, or, renders their testimony non-credible as a result of the contradictions. It furthers the control of the defendant over the victim, and renders her less capable of protecting herself in the future by establishing a pattern of false statements.

It can be quite insidious, actually.

- Carl

[fcel]

Interesting. Thanks.