Legal Question in Criminal Law in Illinois

my husband and i had a querl. he pushed me in the face causing me just to fall on my couch and the police wrote floor. i had a restraining order put against him and we have a court date coming up. he is being tried as a criminal. i did not want this to happen to ruin the rest of his life. he was a bit intoxicated at the time of the incident. please i need to know what to do, if i say that i lied in which i didnt i can be tried. please he never had any prior convictions.


Asked on 3/13/11, 12:52 pm

1 Answer from Attorneys
David Gotzh Law Office of David Gotzh

The "He Hits Me But I Don't Want To Testify" tactic has been tried so many times that Illinois now has a special procedure for dealing with battered women. They already have your statement, the police will testify, and even when you recant the new Rules of Evidence passed this year can impeach you on the stand instanter - meaning they will use your prior statement against him as proof, even if you say otherwise on the stand.

You're not the first person to try it, happens so much at 555 West Harrison that the State's Attorney will almost be expecting you to say it on cue. Trust me, lying will only make things worse for you, and him.

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Answered on 3/13/11, 1:21 pm


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