QUESTION

Boyfriend went to jail for DV im being summonsed as a witness what do since i might incriminate my self?

Asked on Oct 23rd, 2015 on Domestic Violence - Massachusetts
More details to this question:
Boyfriend is in jail on a 2nd charge of DV last one was dismissed. They are now summonsing me in to court. The Police report doesn't give the full story and how it started which would incriminate me. I dont know what to do will i be given my 5th amendment right or how will i obtain that. The DA did not want to hear the story during his arraignment which made this even more difficult so i really dont know what to do..
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1 ANSWER

Administrative Law Attorney serving Attleboro, MA at Law Offices of Edward Molari
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What you are experiencing is common among all courts and District Attorney's offices in Massachusetts. No one will permit you to speak on the record (with a few notable exceptions) until the day of trial, and even if you can get someone to listen to you, it seems like they don't care. The reason is that all prosecutors have instructions to pursue domestic violence cases even when the alleged victim wants to see them go away. There are a few reasons for this, that don't really matter to you (they think your reluctance is a symptom of domestic violence; etc).  The point is, what you are describing is very common. The bottom line is, if your testimony would conflict with what the police report states you told the police; if your testimony would include an admission that you hit him at some point; if your testimony would include an admission to use of drugs on the day/evening in question; and in any number of other circumstances, then you will be permitted to decline to testify. Ordinarily, if the state wants to call you as a witness, you don't get to decline, but where your testimony could potentially implicate you in a crime, you can decline. On the day of trial, if you show up, the court should appoint an attorney to explain your rights, and to decide whether you have a right not to testify. If you chose not to, the case may or may not continue to proceed against him or not, depending on what other evidence they have, and whether the judge decides that it is admissible. Good luck!
Answered on Oct 30th, 2015 at 5:30 PM

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