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  #1  
Old 10-29-2009, 03:21 PM
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d.v.

What is the name of your state (only U.S. law)?washington My fiance is charged with d.v.#4, we were both intoxicated at he time, he was pulling my arm to get me into the apt. police were called he arrested. I have been supeoned to testify, I dont want to appear, if I do, I want to state that anything i said to police that night should not be held credible due to my condition what is going to happen to me if i dont appear, or if i do i refuse to testify against him??What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  #2  
Old 10-29-2009, 03:40 PM
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Originally Posted by kathy j View Post
What is the name of your state (only U.S. law)?washington My fiance is charged with d.v.#4, we were both intoxicated at he time, he was pulling my arm to get me into the apt. police were called he arrested. I have been supeoned to testify, I dont want to appear, if I do, I want to state that anything i said to police that night should not be held credible due to my condition what is going to happen to me if i dont appear, or if i do i refuse to testify against him??What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Your testimony may not be needed for a conviction - and many victims recant their statements out of fear. However if you have been subpoenaed you DO need to appear otherwise a warrant can be issued for your arrest.

Are you saying that you lied to the police? What did you tell them? What actually happened?

(and if you'd rather not respond, please speak with an attorney before you make any decisions about not turning up)
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  #3  
Old 10-29-2009, 04:10 PM
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no, i didn't lie to the cops, although i did meet w/ the prosecuting attorney and she showed me a paper of standard questions that every d.v. victim are asked and they were as follows: does he get jealous easily? does he accuse you of sleeping around ? I answered yes to both. I only want to know if my statements made on those questions are to be considered valid evidence considering my state of mind? do i have an oppurtunity to defend my fiance based on the fact of both of our conditions at the time? I cannot afford to get into trouble and only want the judicial system to be fair in convicting him.
  #4  
Old 10-29-2009, 04:11 PM
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Originally Posted by kathy j View Post
no, i didn't lie to the cops, although i did meet w/ the prosecuting attorney and she showed me a paper of standard questions that every d.v. victim are asked and they were as follows: does he get jealous easily? does he accuse you of sleeping around ? I answered yes to both. I only want to know if my statements made on those questions are to be considered valid evidence considering my state of mind? do i have an oppurtunity to defend my fiance based on the fact of both of our conditions at the time? I cannot afford to get into trouble and only want the judicial system to be fair in convicting him.
Were you still intoxicated when you met with the prosecuting attorney?
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  #5  
Old 10-29-2009, 04:20 PM
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no, I wasn't thats the issue mainly, im not a drinker, and to be honest felt very almost lead by police into any and all that was said. at least thats the way i see it sober.
  #6  
Old 10-29-2009, 04:25 PM
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Originally Posted by kathy j View Post
no, I wasn't thats the issue mainly, im not a drinker, and to be honest felt very almost lead by police into any and all that was said. at least thats the way i see it sober.
You need to attend - you can give your revised side of the story but again they may not need your testimony to convict.
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Salagadoola mechicka boola bibbidi-bobbidi-boo
  #7  
Old 10-29-2009, 04:26 PM
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thanks for your help!!
  #8  
Old 10-29-2009, 10:07 PM
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DV #4?!?!? So, he has abused you at least FOUR TIMES!!!!

I suspect it is about time that the court order the two of you to stay apart. If I were the DA I'd take this to court if for no other reason than to keep this from taking up any more police and court time.

What are you thinking?!?

- Carl
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  #9  
Old 10-30-2009, 01:36 PM
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Originally Posted by kathy j View Post
no, I wasn't thats the issue mainly, im not a drinker, and to be honest felt very almost lead by police into any and all that was said. at least thats the way i see it sober.
But you say you WERE sober when you met with the prosecutor. So... wasn't your statement then accurate?
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  #10  
Old 10-30-2009, 02:23 PM
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Originally Posted by CdwJava View Post
DV #4?!?!? So, he has abused you at least FOUR TIMES!!!!

I suspect it is about time that the court order the two of you to stay apart. If I were the DA I'd take this to court if for no other reason than to keep this from taking up any more police and court time.

What are you thinking?!?

- Carl
Oh heck - I read that as referring to the actual charge, not the number of times it had happened (4th degree assault in WA code).

OP - please clarify?
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
  #11  
Old 11-04-2009, 08:50 PM
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Quote:
Originally Posted by CdwJava View Post
DV #4?!?!? So, he has abused you at least FOUR TIMES!!!!

I suspect it is about time that the court order the two of you to stay apart. If I were the DA I'd take this to court if for no other reason than to keep this from taking up any more police and court time.

What are you thinking?!?

- Carl
This is not a domestic violence situation, of four violations. This is a d.v. case of a fourth degree "pulling my arm" is what got him a #4 d.v. charge. P.S. Not taking up police time, don't want to be involved with the police and I wish I could make this all go away. Thanks for your comment.
  #12  
Old 11-04-2009, 08:57 PM
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Next time, I suggest you be a little clearer. Usually when someone refers to "#4" it refers to the fourth in a sequence.

But, in any event, you do not have much say in what the state does. If the state prosecutes and they subpoena you, you have to appear and tell the truth in court. The chips will fall where they will.

- Carl
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And a croissant!"

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....author unknown
  #13  
Old 11-04-2009, 11:28 PM
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Originally Posted by CdwJava View Post
Next time, I suggest you be a little clearer. Usually when someone refers to "#4" it refers to the fourth in a sequence.

But, in any event, you do not have much say in what the state does. If the state prosecutes and they subpoena you, you have to appear and tell the truth in court. The chips will fall where they will.

- Carl
thanks for your advice!
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