Question about my role in someone elses case...

[bttyboop1977]

What is the name of your state (only U.S. law)? Colorado

I am not sure if this is the right place to post this but it didn't seem to apply to any of the other forums, so here goes.

My now ex-boyfriend is getting ready to go on trial for harboring a man wanted for sexual assault charges on his step-daughter. The man in question was a friend of ours who lived across the street from my ex.

I will try to sum up what happened, basically the man was supposedly going to turn himself in the following morning and my ex was going to give him a ride to the station (again this is just what I was told) and he was hanging out in my ex's front yard with a group of our friends. My kids and I came over because we were going to watch a hockey game with my ex. I was never comfortable with this guy being around my kids after he was charged with these crimes, but no matter how many times I said something to my ex he still let him around them and was told that I had no right to tell him who he could have at his own house. So I just tried to keep the kids away from him if he ever came around.

Anyway, at one point the guys were riding around on an ATV (which of course is illegal but they were being dumb) and a cop spotted the guy they had been looking for and called it in. When the guys saw the cop my ex immediately put the ATV in the garage and I went in to help him. While we were in the garage the guy the police were looking for hid inside my ex's house. When the police showed up, they asked my ex if the guy was in his house and he said no and when they asked if they could search the house he said no. (My ex figured out that the guy had run into his house) He told me that the guy was in there. At this point I knew that he could get in trouble for not telling the cops the truth, and I was in a bad position. If I told the cops he was in there I would be automatically be putting my then boyfriend in cuffs. When the cops asked me if I knew he was in the house I said I did not see him go in the house. The guy ended up running out of the back of the house they caught him and arrested my ex for harboring him.

My question is this:
I know that I did not do the right thing by not telling the police where the guy was, but again I did not want to get my boyfriend in trouble. But now that my ex is going to trial I have the possibility of being called as a witness to testify. I have three kids and am a single mom, I do not want him to go to jail but I also have to look out for myself and my kids. I have no intention of lying for him in court and getting myself into trouble. If I get called up to testify can I simply testify to the fact that I did not see this guy go into the house, and if they ask me if my ex knew he was in the house can I simply say that I can not testify to what he knew or did not know. That I can't testify to what he did or did not see.

Again, I know that I was stupid in the first place for not saying anything at the time but now I do not want to have to worry about getting myself into trouble to help him out. I will not do it.

Any advice would be helpful and appreciated. Again, I know it was stupid and I should have never put myself in this position but what is done is done, I just do not want to have this end up hurting me or my kids.

[outonbail]

They can't ask you what your ex knew or what he saw. They can ask you what you knew. They can ask you what you saw. They can ask you if you lied to the police. They can ask you if you posted this question on the FreeAdvice Legal Forum.


Even though the guy was found in your boyfriends house, they will have to prove he knew the guy was hiding in his house. Since they were just seen together, this shouldn't be too difficult for them to accomplish.

Lets face it, from what you've posted, your boyfriend is guilty of the crime he's charged with. So it shouldn't come as a big surprise if he's convicted.

If they call you in to testify, you could always tell the prosecution that you will invoke the right to protect yourself by pleading the fifth.

[bttyboop1977]

Originally Posted by outonbail

They can't ask you what your ex knew or what he saw. They can ask you what you knew. They can ask you what you saw. They can ask you if you lied to the police. They can ask you if you posted this question on the FreeAdvice Legal Forum..

Ok that is what I figured. I didn't think that they could ask me to testify about what HE knew or saw, but I just wanted to make sure.

Originally Posted by outonbail

Even though the guy was found in your boyfriends house, they will have to prove he knew the guy was hiding in his house. Since they were just seen together, this shouldn't be too difficult for them to accomplish..

Again what I figured.

Originally Posted by outonbail

Lets face it, from what you've posted, your boyfriend is guilty of the crime he's charged with. So it shouldn't come as a big surprise if he's convicted..

That is his concern now, I just wanted to make sure that I am not put into a position where I could get into trouble for his mistake. I know I made my own by not telling the police, but like I said stupid but in the past.

Originally Posted by outonbail

If they call you in to testify, you could always tell the prosecution that you will invoke the right to protect yourself by pleading the fifth.

I can plead the fifth without it getting me into trouble? I won't have any reprecussions from doing that? Cause if I can that is what I will do, but again, trying to keep myself out of trouble.