Legal Question in Criminal Law in Maryland
Me and my girlfriend have both filed charges on each other for 2nd degree assault, Since the time of the incident we have both decided to make up but the state chared both of us with 2nd degree assault, Is there anyway we can not co- operate with the state and the charges will be dropped and no one has to risk going to jail?
2 Answers from Attorneys
With the prosecutors in Montgomery County, this is possible but usually a little more difficult than in some other areas, especially if you don't have lawyers. You should both at least consult with a (different) lawyer in person with more details about your cases to get a more accurate answer.
You each have a 5th Amendment right not to incriminate yourself. If the only evidence that the state has against you is your girlfriend's testimony, and if the only evidence that the state has against your girlfriend is your testimony, then if both of you remain silent, the state has no case against either of you. However, the state may proceed, if it has other witnesses.
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