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Am I forced to testify against my boyfriend when served a subpoena?
Anonymous3 views1 answers
Me and boyfriend have a domestic violence 3 case, I was subpoenaed and have to show up in court this week. My question is, do I at any time before or after I'm sworn in say that I don't want to continue with the prosecution/charges etc.?
And/or do I have a right to remain silent during any or all of the questions?
And will doing so get me into any trouble?
You seem to be asking if you have the choice to not press charges? The answer is no since your boyfriend is being charged with DV 3.
Michigan has a particular stance on domestic violence, since a lot of victims of DV tend to recant their stories, and decide not to press charges. That means that the prosecutor can continue with charges against the defendant, even without direct testimony of the alleged victim.
If you do take the stand and are an "uncooperative witness" in other words, your testimony on the stand contradicts what was in your prior statement to the police, the prosecutor can continue on with the charges.
It's possible you could face a charge of perjury or making a false statement to the police.
