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There is a current criminal no contact order against my

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There is a current...

There is a current criminal no contact order against my boyfriend. The other day he came over to the house and we got into an argument and I assaulted him, but since I was scared I called the police and he ended up being arrested again for violating the no-contact order in for assaulting me. I lied to the police about what happened and I want to tell them the truth. He's looking at possible felony charges now because of the mistake that I made. How do I fix this?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

I'm in Washington State.

Lawyer's Assistant: Has anything been filed or reported?

He was arrested on Friday and has been sitting in jail since then.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 7 months ago.Category: Criminal Law
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Answered in 10 minutes by:
1/7/2018
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 126,844
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Well, here is the problem if you admit to filing a false police report, you can be charged now for doing so. Also, he did violate the no contact order by coming over to your house even if you may have allegedly assaulted him.

You have a right to not testify against him and you do not have to show up in court and if you do not show up in court to testify the prosecutor will not have enough evidence to convict him and I am afraid that is the best way you can help him without hurting yourself in the meantime.

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Customer reply replied 7 months ago
I don't care if I get in trouble at this point. I was responsible for what happened. The prior case is still active. I know that he'll be charged for violating the order, but if I turn myself is there something chance they'll lessen or drop the assault charge? His arraignment is tomorrow morning and I'm desperate right now.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

You were not responsible for him coming over and violating the no contact order, even if you asked him to come over, because he should have known that he should not have been there.

Actually, you just telling them you lied would not be enough to get the DA to drop charges because abuse victims frequently recant their statements or say they lied. So again, the best thing to do is simply refuse to prosecute and that means not testifying against him. Even if you go to court tomorrow at arraignment and tell the court you lied, this will not help him, but not testifying and refusing to cooperate with the prosecution will ultimately save him.

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Customer reply replied 7 months ago
The District Court prosecutor presented an offer and he refused. He had a prior DV charge from over a decade ago so diversion was not offered. He was recently in a mental health unit for a suicide attempt and quit taking his medication cold turkey because of the side effects-which is what caused the argument. We were scheduled for pretrial for the prior case this coming Tuesday. Is there ANY way that this won't become a Class C Felony??? He can't go back to prison... He won't survive.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

If you do not testify, the DA cannot prove his case against him, so again without your testimony your boyfriend has to be found not guilty on that charge.

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Customer reply replied 7 months ago
at this point there's nothing I can do? I was arresting for assaulting him last year. I don't know if that would have any weight. Problem is I was so freaked out I called the victim's advocate from the ongoing case and talk to her. I completely screwed us both.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

At this point, all you can do is nothing and refuse to testify. That is also the best thing you can do for him.

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Customer reply replied 7 months ago
As the protected party would I still be able to post bail for him?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

No, you would need to get someone to do that you cannot post it.

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Customer reply replied 7 months ago
Can you tell me why? Even though a bail bond I can't do it?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

Because you are the victim and have a no contact order against him and as such it would actually violate the no contact order. You can get some friend to do it for you and give them the money if you want to bond him out.

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