Q: made a domestic report want to drop charges. If I don’t testify against him will it help?
We were intoxicated and got into a fight o didn’t say in the report I hit him but I started it and I want the charges dropped. He choked me that night and left me marks. Cops took pictures. Any way I can t try to drop it.
A:
If your truthful testimony would be that you committed assault against the defendant, then you have a 5th Amendment privilege against self-incrimination. The prosecutor can get around this by giving you immunity from prosecution but you should hire your own criminal defense attorney before attempting a stunt like this. Do not rely on the defendant's attorney when asserting this particular right.
Be aware that only the prosecutor can dismiss the charges. You can attempt to convince the prosecutor to dismiss, but they will make the ultimate decision. If the prosecutor subpoenas you then you have a duty to show up and to testify. Furthermore, if you don't show up, the judge can have you arrested and compel you to testify but they are more likely to threaten this than to actually do it. This process is called "attaching" a witness.
Finally, if you started the physical fight, the prosecutor could dismiss the charge against him and file an assault case against you instead. This is another thing that is more likely to be threatened than to actually happen... just be aware that it is possible.
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