My boyfriend is being charged with (M) Domestic Violence and (M) car jacking against his girlfriend (myself). I feel that the report the pol...

Question

My boyfriend is being charged with (M) Domestic Violence and (M) car jacking against his girlfriend (myself). I feel that the report the police had taken from me was not completely accurate and will change that outcome of my boyfriends court case on Monday (tomorrow) .

When I had called the police on my boyfriend I was upset and hysterical because we had gotten in a argument earlier that day the bruises I have were from a sparing match I had earlier in the week that police assumed my boyfriend had cause my injuries witch he did not. My boyfriend did out his hands on me but it was only to restrain me because I was acting out of control not to hurt me.

For the car jacking I had given my boyfriend permission to drive my car but since I was acting up such as jerking the car will and screaming when he was driving he had dropped me off at Bart which is public transportation and that is were I had called the police because I was upset.

How do I change my police report with out being called a liar and incriminating myself before my boyfriends court hearing on Monday. I feel the call I made I was not in the right state of mind, I was currently taking a new anti- depression medication that I feel impacted my judgment negatively when I was giving my statement. what can I do to help my boyfriend who is not guilty and not to get myself in trouble at the same time.

Answer

If you filed a false report, you need a lawyer. If you are scheduled to testify, you need to let his lawyer and the DA know that you intend to take the Fifth Amendment until you have a chance to speak with a lawyer.

Answer

After 25 years of handling cases like the one you speak of, it is a common tale. Your boyfriend needs a good lawyer. After handling 1000's of cases, it is more than rare that a victim is ever prosecuted for filing a false police report. You can speak to a lawyer yourself if you have those concerns. I wish you well.....Dave

Answer

Taking the fifth as Mr. Dane suggests is not a bad step but they can convict your boyfriend even without you testimony based on the pictures of your bruises and your 911 call. Your boyfriend needs an experienced criminal defense lawyer. I have 28 years experience in criminal law and I have handled hundreds of domestic violence cases. I practice throughout the Bay Area and if either you or your boyfriend want to hire an attorney I can be reached at 415-336-7534 or 925-852-9647.