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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16501
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boyfriend and had i fight i called police. I gave a half

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My boyfriend and had i fight i called police. I gave a half true statement. Will i be arrested for telling a half true statement?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hi,

Before I answer, when did you give the statement? Was your boyfriend arrested as a result of that? What's the status of his case? Why would you think that you're going to be arrested?
Customer: replied 3 years ago.
On nov.11th i gave the statement. 5 days later my boyfriend was arrested. I think the case is going to trial. I gave half true statement! Will i be in truble if i tell the full truth?
Expert:  Zoey_ JD replied 3 years ago.
Jacustomer,

You will almost certainly not get arrested. But one more question, please, so that I can see exactly what you're worried about:

Are you interested in continuing to press charges? Or are you looking to drop charges against your boyfriend?
Customer: replied 3 years ago.
Never wanted to presscharges! Yes i want drop Charges asap!
Expert:  Zoey_ JD replied 3 years ago.
Hi,

Okay. Now I know where you're heading with this.

You are the complainant on this case, and because of that, you don't need a lawyer. There is an assistant district attorney assigned to your case and that lawyer represents your interest. You are not even required to come to court unless you have to testify at trial.

Police have no discretion when they get a domestic violence complaint any more. They will make an arrest, even if by the time the police arrive at a scene the problem is already resolved. You can't contact the police and get them to help you drop charges because the case has already been filed with the court. That means it's out of their hands. You're going to have to talk to the ADA who is assigned to your case. You are the complainant. The ADA needs your cooperation in order to win the case, so he or she will be willing to talk to you. You want to do this in person rather than over the phone so that there's no question about the fact that it's you who was making the call.

Once you are with the ADA, tell him that you do not wish to go further with this prosecution and that, in fact, you never wanted to press charges in the first place. The ADA is going to tell you that he can go forward with the case even without you. That's true, although it's unlikely that he will for very long. But he'll keep the case alive long enough to try to change your mind.

He's certainly going to ask you about the incident and the details on the police report. Be careful here. It is one thing to be so upset when you called in the crime or made out the report that you let the police put words in your mouth that made the incident sound more serious than it was -- if you see where I"m going here -- or to be so emotional that you don't even remember precisely what you may have said. It's another to deliberately press false charges.

As you say that your statement was half true, I'm assuming that there was a real incident of some sort, which you may have exaggerated out of anger and with the police prodding you. You can tell the DA that, if something like that is so. If, however, you made up the whole thing, then you definitely do not want to say that to the DA and in order to get out of this bind, you very well may need to hire yourself a criminal lawyer.



Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16501
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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