Legal Question in Criminal Law in California

Under California law you have a right not to testify.

I think Mr. Shapiro misunderstood your question. The defendant has a right not to testify, but it sounds like you're the victim. The victim (and any other witnesses) must testify if properly subpoenaed by either the prosecution or the defense.

If you fear the defendant will retaliate, then you should discuss your fears with the prosecutor. She might decide not to make you testify. Or she might offer various types of protection. But if you were subpoenaed and either don't show up or refuse to answer questions, you can be held in contempt.

Good luck.

A victim can be compelled to testify under threat of contempt of court.

When talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of �mistake� or �misunderstanding� about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten to a pulp or killed by the same abuser.

You can tell your story to the DA, and IF you have any actual evidence to corroborate what you claim, then the DA can reevaluate compelling you to testify, or could take action against the officer you accuse. However, think long and hard before falsely accusing police of such misconduct, thinking it will get you out of this. A false police report is a crime for which the accuser can be prosecuted. Without real evidence to support your accusation, you are going to be suspected of making this up, as police would normally have no incentive to behave the way you claim.

I suggest you consult with a criminal attorney before doing anything like this. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.