QUESTION

How can I ensure that my fiancee doesn't go back to jail after calling the police on him during a domestic dispute?

Asked on Feb 22nd, 2013 on Criminal Law - Georgia
More details to this question:
My fiancee is on probation. One night, we were arguing. I called the police and told them that he hit me as well as threw his jacket at me. I lied because it was a guy that was calling my phone saying that he was going to kill me and my family if I didn't blame something on my fiancee. I didn't want to write the false report. I was just scared. I don't want my fiancee to get locked up and I don't want to get in trouble either. What do I do? Please help. My fiancee has to see his probation officer on the fourth of march 2013.
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6 ANSWERS

Michael J. Breczinski
Get a lawyer and let that person see about what can be done. This is really bad.
Answered on Mar 01st, 2013 at 7:44 PM

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Criminal Defense Attorney serving Vancouver, WA at Jeff Holmes, Attorney at Law
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There is nothing you can do really to guarantee or "ensure" that your fiance doesn't go back to jail. You are in a difficult position because if you come forward and tell the truth you face the prospect of false reporting charges, or false/misleading statement charges. You may want to consult with an attorney prior to waiving your right to remain silent and incriminating yourself further. Even if you provided the version of events that you detail in your question to law enforcement, the prosecution, and probation, there is no guarantee they will believe your recantation as victims change their stories so often in Domestic Violence cases. Ultimately, the Court will weigh the evidence available and make a decision on whether it believes your fiance committed a probation violation. If he is convicted of a new crime, that will make the court's decision very easy on the violation.
Answered on Feb 26th, 2013 at 2:16 AM

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Nothing you can do. The moment you called the cops you began an irreversible process. They will never let him off the hook just because you've had a change of heart (they never believe victims who change stories). Hopefully you've learned a lesson for the future.
Answered on Feb 26th, 2013 at 2:15 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Go to the authorities and tell the truth with an attorney. File a complaint, and be ready to testify about the threats as that individual will likely be prosecuted. You might also rethink who it is you are hanging with.
Answered on Feb 25th, 2013 at 8:08 PM

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John J. Carney
I answer hundreds of questions a week from people who have legal problems and do not have a lawyer, money, or cannot or will not call their public defender. About twenty five percent of those questions are from women who want to help the man that hit them or people who want to expunge their criminal record. You cannot expunge a criminal record so that is an easy answer, but the women who claim they lied, or they tipped, or it was an accident, or they want to "drop the charges" because they have forgiven him for punching her in the face are very troublesome. Your story is even more bizarre than most as you claim someone called you and said you have to frame your innocent boyfriend or he would kill you. This is very unlikely, but not impossible. You should retain a good criminal lawyer and tell him the truth. Not what you think will help your boyfriend, not some story you came up with or her came up with to explain why you lied to the poilce. The prosecutors, lawyers, poilce, and judges have a thousand stories from women who had fresh black eyes who later said they lied. They charge them with making a false police report and put them in jail and now they are both in jail. They threaten to take their children away and so they testify against him anyway. They indict them for perjury which carries up to 7 years. you should not try to play games with cops, prosecutors, and judges because they will manipulate you, threaten you, and you will be the one introuble. What would be worse is if you are telling the truth and you set up an innocent man because someone threatened to kill you instead of reporting it to the poilce. The cops will ask you a thousand questions like when did he call (they will check phone records) what did he say, why did he want to set up yourboyfriend, why didn't you call the poice, and if you lie (they are a lot smarter than you and do this for a living, they will know you are lying in two minutes) and now you are going to be the one in trouble and they will force you to testify against your abuser. I do not know if you were injured or if your boyfriend had a bad record, is guilty, if you are lying or if you set him up, either one is not good decision making. Retain a good criminal lawyer and tel him the truth. Do not stay with men who do not respect you and do not get them so crazy with your screaming at you that they flip out and hit you. Most uneducated people lack good communication skills and are not able to control their mouth, temper, and emotions. I hope you are one of those that can. I hope you have class dignity, and demand to be treated like a lady. I hope you hire a lawyer and tell him the truth because I am not too sure your story is going to hold up to an investigation, and there will be an investigation.
Answered on Feb 25th, 2013 at 6:07 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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If you filed a police report, it is now out of your hands. The fact that you filed a report against your boyfriend may be enough to violate him. The only thing you can do is go to the police and your boyfriend's probation officer and admit that you made a false report. Be aware that filing a false police report is a crime in California with potential jail time.
Answered on Feb 25th, 2013 at 6:06 PM

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