Legal Question in Criminal Law in New Jersey
My boyfriend operated my car when I was home alone. He called me and said that a bicycle hit his car. It was a 16-years old girl. She drove her bicycle along the side walk (which is against the LAW). My boyfriend has crossed a boulevard to turn a store. As result, my boyfriends went out of his car and spend 20 minutes talking to her and asking if she is OK AND IF SHE WANTS HIM TO CALL THE POLICE AND/OR AMBULANCE. The girl has refused. She said that she is perfectly fine with even no scratches. The only problem she has is broken bicycle wheel. My car has a broken wheel too.My boyfriend has changed two wheels after that in a body shop.
As result , after my boyfriend finally went home, this girl call her mother, they called the police and an ambulance, and they got face witnesses. I got called a ticket for Hit and RUN. I must attend a court hearing next week. I talk to the attorney. He told me that the only what I should do is to tell the court that I was not there. If i would be asked :" Who was driving my car?" I should not tell anything. He told me that few times. He also told me that I have rights not to disclose his name. All my friends laugh at this attorneys advise: they make me scare !
I do not feel comfortable to say that I refuse to answer a judge's questions (I am just afraid that he places me in jail for refusing to answer his question). However I am ready to defense my boyfriend no matter what. I am sure, he is not guilty: I know him for many years. The other party committed a crime: a fake case HIT and RUN. They expect to get money from us, because they do not know about our terrible financial situation.
1) Should I write (call) my car insurance and tell them all this story?
2) Is it possible and reasonable to initiate a case against this girl (a " victim") who purposely misrepresents the real picture of what happened? She broke the driving rule by driving along the sidewalk and she hit the car and damage a wheel. She refused of all kind of help offered by my boyfriend, from calling the police and ambulance, and right after he left, she call everywhere and got witnesses. Is not it the real crime from her? But if I would contact my insurance, I would need to disclose my boyfriend's name. And an attorney said that it would be stupid to disclose his name anywhere.
3) What is the best for us do to in this situation?
Thank you!
1 Answer from Attorneys
Tell the truth and let your boyfriend tell his story. It is the better path to take and will not expose you to getting in trouble with the judge.
Call me if you like. The lawyer who gaive you that advice will eventually get into trouble himself.
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