Legal Question in Criminal Law in Missouri

If I testify at my boyfriends plimanary hearing where he has been charged with a class c felony domestic assault on his behalf and tell the truth that I instigated the attack and was the one who was physically violent in the beginning and that he was trapped in a bathroom with no way out except through me could I have legal action taken against me?


Asked on 7/17/16, 1:35 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Yes. First tell the prosecutor that you will not testify against your boyfriend, and that you want to sign an affidavit of non-prosecution. If the prosecutor insists on serving you with a subpoena and putting you on the witness stand, you have to give your name, but immediately after that, answer every single question with:

"I decline to answer based upon my 5th Amendment right not to incriminate myself." Don't let the prosecutor trick you into answering any questions. If you do, you will give up your 5th Amendment right and can be compelled to answer all the rest of the prosecutor's questions. Write down the "magic language" quoted above, take it to the witness stand, and read it exactly the same until the prosecutor gives up. Be strong!

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Answered on 7/17/16, 2:18 pm


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