Legal Question in Criminal Law in California

The DA has discretion to file and maintain charges against the accused, regardless of the victim's request. It is a BAD idea for you to refuse to testify, as you could be held in contempt of court, and it is a BAD idea for you ignore a subpoena. You are not prohibited from speaking with the defense attorney, and I would do so right away, who will confirm everything I just told you. It is best for you to appear and testify, and tell the truth.

Whether to proceed with the case is the prosecutor's decision, not yours. There is nothing you can do to force the prosecutor's hand. But if you can persuade her that the defendant is innocent, she will almost surely dismiss the charges on that basis.

When you ask whether it would be "better to go to court and testify", you presume that you have a choice about this. You don't. A subpoena creates a legal obligation. If you don't appear as scheduled, some men in uniform will find you and offer you a ride to court. They will not take no for an answer.

Based upon what you have written, it seems that the prosecutor believes you are lying. If she's right, and if you continue to lie once you're under oath, you may end up being prosecuted for perjury -- a serious crime that could land you behind bars.

It is fairly common -- especially in domestic violence cases -- for the victim to make a truthful report soon after the crime and then to falsely recant later. Prosecutors and judges see this all the time, and they are not easily fooled. If you get on the stand and testify that your original report was not true, you should expect the prosecutor to respond by trying to prove you are lying now and that you were telling the truth then.

You have the right to contact defense counsel if you wish. But you might also want to contact a lawyer for yourself before you do anything else. If you are telling the truth now but made a false police report earlier, you can be prosecuted for that. And as I have already said, if you told the truth before and are lying now, you can be prosecuted for perjury. You should be more concerned about your own situation than that of the accused.