Virginia Beach, VA asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Virginia

Q: Is there a way my ex-girlfriend could go to the police station or magistrate after already filing assault and battery

I work for the federal govt and have to maintain a security clearance. My ex-girlfriend assaulted me and I didnt call the police. The people who were there that witnessed it did. I told the police what happened and declined to press charges. Obviously the commonwealth picked it up and in between the time of arrest and the court date, her attorny "so she claims" advised her to file the same charge on me. Her and I both know its not true. She feels bad about and all that but doesnt help me explain it to the Security Department of Base. Is there a way for her to go to the court and tell them the statement she filed wasnt true? Please help me

1 Lawyer Answer
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: Unfortunately, she could be charged with misleading an investigation. When her attorney tells her this, she is not likely going to want to risk being charge with a criminal offense "coming clean". Even if she did come clean, the Commonwealth may feel that she is being "pressured to change her story". It is worth her trying but you should be prepared to hire a local experienced criminal defense attorney to represent you. Also have your witnesses write and sign statements as soon as possible regarding what they observed on the date in question. Your lawyer will want to review those statements. Also, advise your witnesses that they may be required to be in court to testify at your trial if the case goes that far.

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