Legal Question in Criminal Law in California
i am being tried criminally for domestic violence. my ex got a ro on me based on the same incident i will be tried for. The judge said my testimony was not believable, can I change it in criminal court?
3 Answers from Attorneys
It sounds like you've already done enough damage and may make things even worse.
Most criminal defense attorneys would have advised you not to testify in the restraining order case in the first place, when you have criminal charges pending.
If you testify differently in criminal court, your earlier testimony could be used to impeach you. You could also be charged with perjury, which is a felony, for lying under oath. If you tell two different stories on two different occasions, it's pretty easy for the District Attorney to prove that you lied on one of the occasions.
This is not some do-it-yourself project, like fixing a leaky faucet, that you can handle yourself with a little advice over the Internet. You need an attorney to represent you in the criminal case. If you can't afford to hire your own lawyer, ask the judge to appoint the public defender.
CAN you commit perjury? Sure. But, you could be charged with a crime for doing so if it can be proved. Plus, like the last judge said, a changed or apparently false story would make you 'not credible', and you'd lose your case. Get an attorney and don't try to play Perry Mason yourself.
Any lawyer who advised you to go ahead and change your testimony is suborning perjury and should be disbarred.
Related Questions & Answers
-
Is a conviction for small amount of methenphetamine an automatic felony? Asked 5/21/10, 10:55 am in United States California Criminal Law
-
When filing a 1538.5 motion do all charges get dismissed? Is there any cases that... Asked 5/20/10, 10:21 pm in United States California Criminal Law