Boise, ID asked in Criminal Law for Idaho

Q: If somebody calls the police and they say that somebody choked me and it goes to court and I don't want to testif bfore

preliminary hearing but prosecutor says I could go to jail if I don't testify. So I testify but what the witness is saying it's not how she saying it happened, a preliminary I said that he applied pressure and choke me but then I said I saw it coming so I held my breath and that's really what happened he didn't choke me but how can I get this case dismissed without giving the defendant a felony and be able to get my family back without me going to jail. I've tried to file motions to dismiss or modify the no contact order but nothing's happened, the prosecutor is believing the witness , witness says he maliciously chocked and slammed me but it didn't happen that way and the prosecutor believes it and isnt letting me file motions to dismiss or modify no contact order.i didn't file charges or call the cops how can I get this case dismissed?and can I press charges on prosecutor for not allowing me to file motion

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: It could go several different ways, unfortunately All Bad for you.

First, the State will employ their cadre of so-called “victim witness coordinators” aka MAN HATERS, to speak to you, let you know of ALL the shitty, scary things that men can do to women. If that doesn’t work they will ask the court for a “witness bond” and take you into custody pending the trial. Third, they will get you on the stand, come hell or high water and “push your play button,” you know, when you lied to police and told them that he choked you, when he really didnt? If you take the stand and vow to “tell what really happened,” you may be cautioned that if you continue to testify contrary to the words you told the police the prosecutor can (and does) prosecute women for misdemeanor “Filing a False Police Report.” Finally, if you just stay home and NOBODY (cops, investigators, VWCs) can physically find you try their case against your BF. They will get a woman calling herself an “EXPERT” on Domestic Violence to testify that you are a classic, battered wife/GF and the reason you’re not here in court is most likely because you’re afraid of retribution if you testify, or you don’t want to help the State convict your man that you depend on for support, etc., then they’ll play the recording of you being interviewed by CARES or hospital personnel and attempt to get statements you made admitted under Rule 804 as an unavailable witness or as an exception to hearsay for “excited utterances” or to medical personnel as “statements you made for the purpose of diagnosis.”

In other words, WOMEN should absolutely call 911 if they are being hurt or threatened to be harmed. But WOE to women who use 911 as a “tool” to “get even,” or “really teach him a lesson” or “to win an argument!” Because once you make that call, your bf WILL go to jail and if he’s innocent then YOU should go to jail for ruining his life like that! He will sit in jail for a minimum of 4 months before his case can be heard by a jury!! SHAME ON YOU!

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