Legal Question in Criminal Law in Minnesota

domestic abuse

My boyfriend has a court date coming up on 7/22 for domestic assault and probation violation. I filed the reports and the police told me that since I didn't do it right away, they were considered citizen's arrests. My boyfriend went to a lawyer who said if I dont' show up even if I am subpoenaed, they will dismiss the case, and they won't do anything to me, cuz it would be like victimizing me again. I don't know. Someone else said I could get 5 years for falsifying state documents and not showing up.


Asked on 7/10/09, 2:47 pm

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: domestic abuse

You should not rely on your boyfriend's lawyer for advice. First, he cannot provide you with legal advice. Second, if you are being urged to ignore a subpoena, you are most definitely receiving bad advice. An attorney cannot advise you to disregard a court order (a subpoena is a court order)-- it is a violation of the lawyer's professional responsibility. If you are subpoenaed to testify at a hearing, and do not show up, you can be charged with criminal contempt of court, regardless of whether you may feel you are being "victimized" again. That is simply not the issue. I have defended several women who were criminally charged because they refused to testify under circumstances like yours.

I have no idea what documents you are concerned you may have "falsified," unless by this you mean that you told the police things that weren't true. If so, you need an attorney to represent you in this proceeding, since you may need to assert your fifth amendment right against self incrimination. Based on the information you have provided, however, I cannot determine whether this is an issue. You should speak to a lawyer soon.

I can certainly provide you with more specific advise if necessary. In any event, you should speak to an attorney. In the meantime, you should not provide a statement to the police, or to an investigator, without first speaking to an attorney, since it appears there are concerns about your previous statements.

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Answered on 7/13/09, 1:01 pm


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