Legal Question in Criminal Law in California

I will tell you that no one ever believes the "I fell down and hit my head" story. My guess is you did not just trip and all. Adding up the screams and the bloody nose, there was probable cause to arrest. That may even be enough circumstantial evidence to convict

You can be called as a witness by the prosecution and must testify. If you are worried about cross examination then that tells me something is not right about your story and you don't want it questioned..

Like Mr. Green, I don't believe your story. Your neighbor imagined he heard you screaming when, coincidentally, you had just bloodied your nose in a fall -- which your boyfriend, the convicted felon with a history of domestic violence, had nothing to do with? Not likely.

You're not the first victim of domestic violence who has made up a story to protect her attacker. It happens all the time. Prosecutors, courts and police are used to it.

Your concern about being cross-examined if you testify for the defense is misplaced. It is only the defendant who opens himself up to questioning if he testifies. You can be subpoenaed by the prosecutor, and it's a safe bet that you will be. In other words, the prosecutor can question whether you appear voluntarily or not.

By all means, talk to defense counsel if you want to. But don't think you'll be able to prevent the D.A. from prosecuting your boyfriend or that you can avoid testifying against him.