QUESTION
Can I amend my police statement to have the charges of domestic battery and 911 interference dismissed?
Asked on Feb 05th, 2013 on Criminal Law - Michigan
More details to this question:
I live in Nevada. It turns out my phone was broken from earlier that day and so he didn’t unplug it when I called and I tripped on a toy and cut my hand on a desk but it was put that he threw me. I have called the police station and they just keep sending me in circles. What do I do? They are trying to charge him and give him 3 years for it.
6 ANSWERS
John J. Carney
This sounds like you called the poilce and told them you were assaulted, signed a supporting deposition and now you want to lie and try to get him off by "dropping the charges" or "changing your story". First of all, the poilce and prosecutors have heard this from women who choose to be be violent men 1,000 times. They will charge you with making a false report and you will face a year in jail. You should retain a lawyer and tell him the truth, not some story you come up with to keep your boyfriend out of jail. The next thing you should do is to find a boyfriend who treats you with respect, has a good education, and a steady job and stop settling for someone who you will never be able to change, or at least not likely to change without years of counseling and education. Every time I hear a woman with your story. I feel sad that they just do not understand that they have made a bad choice to allow men to hit women and then cover it up, forgive it, and think everything will be different tomorrow.
Answered on Feb 18th, 2013 at 7:31 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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They don't believe you and your second story. They suspect that you are changing your story because you don't want your BF to go to jail. There are lots of other reasons. Your response is quite common for women who suffer domestic abuse.
Answered on Feb 07th, 2013 at 6:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It sounds as if you are having second thoughts and formulating some revisionist history, booth of which can latter morph into a monster of effectively giving him a license to repeat. If this is not the absolute first incident for him, get the hell out of harms way! Yes, you can attempt to amend the report but you are in doing so putting yourself in the position of being charged with making a false police report . See an attorney and get good counsel before you worsen matters.
Answered on Feb 07th, 2013 at 1:03 PM
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There are many ways to help in cases like this. But, usually you need an attorney to help you. Just telling the DA these things will not get you what you want. If you give a statement to his attorney, that may help. There are other ways to avoid the prosecution. If the prosecution does not properly serve you with a subpoena, then you do not have to appear in court. This may solve your problem. You may have a right to remain silent.
Answered on Feb 07th, 2013 at 1:03 PM
No you can't. Prosecutors aren't stupid, and they will never drop charges simply because the victim has had a change of heart or statement. He needs to hire a lawyer fast, before he makes a wrong move, like open his mouth and incriminate himself.
Answered on Feb 07th, 2013 at 1:03 PM
Michael J. Breczinski
Well if you did not tell the truth earlier, then you could refuse to testify on the grounds that you would incriminate yourself. They will not be ablate convict him at trial.
Answered on Feb 07th, 2013 at 1:02 PM