Legal Question in Criminal Law in Virginia

My wife and I had a arguement, neighbors called the cops even though my wife and I had it under control. she did throw a bottle at me(the size of a shampoo bottle you find in hotel rooms), and because of that she had a 4 day protective order issued on her which she violated(her first and only offense) because we were talking the next day. If i'm subpoena to court as a witness and plead the 5th or If i do not wish to press charges could/would the court still prosecute her?


Asked on 3/30/11, 11:34 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

The Fifth Amendment of the U.S. Constitution allows one to assert

a right against self-incriminating him or herself before a court or other

duly constituted tribunal in a matter being prosecuted by the government or otherwise under investigation.

What crime or other possible bad act could you have possibly committed that

you would need to assert such a right against self-incrimination in the situation

described? (Hurling back that bottle of shampoo, perhaps?)

Nevertheless, irrespective of whether you testify or not, it would likely be up to

the prosecutor assigned (with the consent of her supervisor) to decide whether the Commonwealth would go forward in its case against this hapless defendant

for allegedly violating a civil protection order of four days duration and without

the testimonial assistance of its witness in chief (you).

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Answered on 4/01/11, 11:28 am


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