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  1. #1
    Join Date
    Apr 2006
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    3

    Default What is contempt of court?

    From: California

    What really is contempt or filing a false police report?

    A good friend of mine is currently going through a long drawn out (about a year now of resets) trial regarding her ex-boyfriend of 8 years (on and off) who she at the time broke up with him for good. One night she was drinking with some of her friends and her ex had called. Eventually she began to irk him on saying she was already sleeping with other people and making verbal jabs at him knowing what buttons to push. He came over to the house and they got into an extensive argument that started light but ultimately resulted in him pushing her and one of her friends once. Her friend called the police and the police came and took statements. I do not recall honestly if she told me he was arrested that night but they are currently going through trial for domestic violence.

    Here comes the cliche, she does not want to testify against him. This is because the DA is prosecuting the case as if he went rampant and started beating everyone senseless. Both the girls were drinking that night and frantic about the incident but in hindsight, she doesn't feel it was anything remotely close to warranting this drawn out case. Her friend is still planning to testify to the fullest regard but she (my friend) doesn't want to contribute either way. She doesn't want to say nothing happened but she doesn't want to mention any details as she feels that her alcohol use that night had heightened the aggravation and she definitely doesn't want to be responsible for him suffering major legal ramifications for one night of light aggravation.

    Yes I feel he is a punk for even touching anyone in response to these jabs, but I know it's not something that has occurred in the past and I additionally know she is definitely through with him. We all see the back n forth when people break up but this one is definitely for good.

    Her plan of action since she is subpoenaed to testify is to push the fact that she was drinking and the night's events weren't clear due to that fact. This she believes will ensure that she isn't tried for contempt or filing a false police report but also makes it, rightfully, clear that she was drinking that night and the events weren't severe enough for legal justification. She is telling the truth, so I don't see it as contempt. However, does she face any other legal ramifications? Is there something being missed here?

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default

    Anybody who plans to give testimony that is not truthful should consult a criminal defense lawyer in advance of any such testimony.

  3. #3
    Join Date
    Apr 2006
    Posts
    3

    Default

    Quote Quoting Mr. Knowitall
    Anybody who plans to give testimony that is not truthful should consult a criminal defense lawyer in advance of any such testimony.
    She isn't planning on lying, just pushing an issue that may render her testimony less solid. She knows she made the statement, while intoxicated. It is documented that she was intoxicated in the report, she just wants to make it more clear that the events occured and were recalled while intoxicated.

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default

    In my experience, such testimony is obvious for what it is - an attempt to backtrack and aid the suspect. It's hard for a witness or victim to explain why they had a clear recollection at the time and they do not have such now. Or, that they do not remember now yet they remembered so clearly at the time and even in the days immediately following the incident.

    And the prosecutor will almost certainly ask the officer his opinion of the woman's inebriation.

    Very often, witnesses in this sort of fudging effort trip over themselves ... they claim not to remember the event yet they trip up when they can amazingly recall an event from the same evening. One such recent example is a woman who did not recall if she was assaulted by her boyfriend but she was certainly able to recall that it was HER who pulled the phone cord out of the wall and not the boyfriend ... just a minute before the police arrived.

    A lie is hard to track, and a good attorney will find that hole and exploit it.

    She should probably speak to an attorney before she decides to fudge things.

    - Carl

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