If you are the defendant, you should meet with an attorney as well. They can walk you through the steps, which require getting sworn statements from the victim. At your consultation, ask how much the lawyer charges to represent you. Avoid talking with the prosecutor until you meet with a criminal defense attorney. You need to be careful about what you say to the prosecutor from this point forward.
It’s helpful to have a copy of the original sworn statement on hand. Your lawyer can get a copy if you don’t have it. You should explain why your initial sworn statement was inaccurate. For example, you might have been so dazed and confused that you couldn’t accurately remember what had happened soon after the incident. Alternately, the police might have written down the information wrong. Don’t lie. It is illegal to make false statements to the police.
You must swear to the truth of the affidavit before an officer or other notary. Think carefully before asking the prosecutor to drop charges. Discuss with your lawyer whether it is a good idea.
Talk to your lawyer about where you can find classes. If they don’t know, then you should seek out a different lawyer who is experienced in domestic violence. The defendant also may have to attend domestic violence classes or counseling before the police will drop the charges.
If you’re contacted, tell your partner to go to a lawyer. Quickly explain you are getting the protective order lifted. Violating a protective order carries steep penalties. For example, your partner could be fined up to $4,000 and/or sentenced to prison for one year. [6] X Research source Talk with your lawyer about how to get the protective order lifted. They automatically expire after a certain amount of time, so you could simply wait it out. However, your lawyer can also file paperwork with the court and ask the judge to lift the order. [7] X Research source
The prosecutor does not need your testimony in order to prosecute the defendant. Instead, they can introduce photographs or 911 call audio, as well as eyewitness testimony and medical records. [9] X Research source
If someone asks what’s going on, simply say, “I was told not to talk about it. ” The defendant’s family might be pestering you to drop the charges. If so, tell the prosecutor. They can help you handle the situation.
For example, the state can get a writ of attachment, which orders the sheriff’s deputy to go out and bring the victim to court. [11] X Research source
Interpreters are provided for those who are not comfortable speaking in English. You should talk with the prosecutor about the need for an interpreter before the day of trial.
As it turns out, you might not know the answer to every question. Say, “I don’t remember” or “I don’t know” if you really don’t know the answer. If you make a mistake, clarify as soon as possible. Say, “Can I correct something?” and then explain. [13] X Trustworthy Source United States Department of Justice Official website of the U. S. Department of Justice Go to source Always use your own words when testifying. You can’t be coached to say certain things. Always use words that feel comfortable to you.
You may be nervous because you don’t want your partner to be mad at you. Nevertheless, you have an obligation to tell the truth in a court of law. Remember that the state is bringing the prosecution for a reason. The state probably believes only a conviction can get the defendant to confront their dangerous behavior.
