Q: I pressed charges on my son's father automatically when I got the paper it said the state vs the defindant .. I want to
Drop the charge. I was told if I don't go they can subpoena me to come . if that is the case if I show up do I have to speak can I plead the 5 th. Will I get on trouble if I do so ? Please help
A: The 5th Amendment to the Constitution protects your rights against self-incrimination in situations when YOU are being accused of a crime. It does not apply if you are not being asked about crimes you committed. An act of domestic violence is a crime, just like speeding, or stealing. The state prosecutes people who commit crimes, so that's why the case is labled NC vs. Baby-daddy, not you vs. him. You should contact the domestic violence advocacy agency in your area and ask them to help you talk to the district attorney handling the case about why you don't want to testify. Unless you lied about the charges, most district attorney s who handle domestic violence cases will be understanding. But the state has the option to compel you to testify or proceed without you if there is other evidence. Whatever you do, be honest, or you could face a perjury charge.
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