Legal Question in Criminal Law in Minnesota
I have been charged with domestic assault, which I was falsely accused of. My girlfriend has admitted that she lied and also I have proof via a text conversation between her and I that she lied. They have now charged her with falsely reporting a crime, but are still also prosecuting me on my charge. These charges contradict each other. They say they will not drop mine until she pleads guilty. To me this is very unethical the way the are handling it. They don't care about the innocent. They just want a conviction either way. I believe this is coercion by the prosecution and they are not following due process. Is there laws against this, and what can I do about it?
2 Answers from Attorneys
There is no law against what they are doing. The way the prosecution sees it, either she lied to the police and therefore is guilty of falsely reporting a crime, or she was telling the truth and you are guilty of domestic assault.
It may appear that the State is pressuring her to say that you did it. Which is probably what is actually happening. But from the State's point of view, they believe one of you is guilty of a crime (they probably believe it's you that's guilty), and this is the best way for them to at least get one conviction.
You need a criminal defense attorney to help you with this case. I would strongly suggest you sit down with a criminal defense attorney for a free consultation and see what can be done for you.
If you would like to discuss your case further, feel free to contact our office for an initial consultation at no cost: 612-217-0077
The best defense is an aggressive defense. You should challenge probable cause for the charge by filing a pretrial motion.
Ultimately, the case may issue on the credibility of witnesses at trial. Given the multiple statements of the alleged victim, your defenses appear very strong.
For a FREE consultation call 612-240-8005
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