Stevensville, MD asked in Criminal Law for Maryland

Q: Ex arrested for first degree assault on me. Should I show up on his court date, if not subpoenaed? To tell my side?

He was arrested for first degree assault, I called the cops for help..I'm being charged in return with 2nd degree assault because right before I passed out from strangulation I reached up and scratched his face to get him to stop. I never would have called for help if I new it would just come back on me. Would it benefit me to be there in his court date? Or make matters worse. He is saying he didn't touch me but I have photos proving much otherwise, this is not the first time, only the first time I called for help

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2 Lawyer Answers
Scott Scherr
Scott Scherr
Answered
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: You will need to appear for the charges against you or a warrant will be issued for your arrest. You should have an attorney representing you. You should either retain private counsel or go to the Public Defender.

Your attorney can advise you of the best way to proceed which may mean scheduling both cases at the same time.

Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If you do not show up, and have not been subpoenaed, there is no direct consequence to you if you fail to appear; however, without you present, his charges will be dropped. Your charges will still be pending, and he may show up at your case and testify against you, so you risk having a conviction (if he shows up or is subpoenaed, he will have no choice but to testify, unless his charges are not yet resolved; in that case, he can assert his 5th Amendment right not to testify since anything he says can be used against him in his criminal case). Of course, if he's not subpoenaed and he chooses not to appear at your criminal trial, then your charges will be dropped.

If you show up, then you have two choices: assert your 5th Amendment right to remian silent because of the charges pending against you, in which case the State will be unable to proceed against your boyfriend and his charges will be dropped. Or, you can choose to testify, and waive your 5th amendment right to remain silent, and he may be convicted, and you may also end up admitting to the act that would ultimately convict you in your case, since the State would then have the transcript of your testimony (or, perhaps the judge or jury will believe you acted in self-defense when you struck him in the face). Finally, the prosecutor may elect to drop the charges against you and grant you immunity from prosecution, and pursue only the case against your boyfriend, thereby preventing you from asserting the 5th Amendment right to remain silent since you can no longer incriminate yourelf. You would then have to testify if called upon to do so.

You need your own lawyer for the criminal charges against you, and to manage your testimony as a victim/witness in your boyfriend's criminal case. There are consequences to both testifying and not showing up, or showing up and aserting your 5th Amendment rights. If you want the charges against your boyfriend to proceed, then you need a lawyer to negotiate the dismissal of the charges against you befpore testifying. If you want the charges against both you and your botfriend to go away, then that may involve coordination with your boyfriend's counsel and the prosecutor, which is best left to your lawyer to handle.

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