Very Confused about situtation

[natesgirl]

south carolina
recently, my fiance and i were in a verbal disagreement which resulted in myself leaving the premises. i called the police and stated that there had been an argument and that i left the situation because i scared myself (i have never gotten this angry.) when the police showed up i in turn became more frightened and panicked. i mislead the police officers to believe that he had physical contact with me when in all actuality it was i who became physical. i in turn told the police several times that i did not want him arrested nor press charges. they basically said "to bad" so know here we are with a trial date set. i want to testify on the behalf of my fiance because he did nothing wrong. i also contacted the trial judge to see what she can do because of me giving false information. and later asked when he could be assigned a public defender. they in turn told me that he was not entitled to a public defender! why is that? the consitution allows everyone legal counsel if they cannot afford one themselves. help?!

 

[FKNA]

In determining whether you are eligible for a Public Defender, your income, size of family, and special financial needs are considered as well as the type of crime that you are charged with. So if you contact the Public Defender, they will be able to tell you what criteria needs to be met. Click on the link below for you P.D.'s number.

http://www.scoid.state.sc.us/publish/ho00002.htm

 

[natesgirl]

Now the question is what are some of the recourses that may happen to me due to the misleading information I gave the police? Also because I will be testifying on his behalf what is the likely hood of his case being dismissed? Would a pre trial motion for dismissal be helpful?

 

[charlie neville]

I cant imagine...

...the prosecution pursuing the charges against *him* if you've told them you lied to have him charged in the first place and intend to say so in court and testify on his behalf.

I suspect it will be you who is prosecuted for filing a false report. While I find your past actions reprehensible, I do admire your courage in taking responsibility and setting the record straight. I hope the judge sees it similarly.

charlie

 

[natesgirl]

I am willing to be prosecuted to the fullest extent as long as it will dismiss his charges. We have been doing a bunch of reading and under this circumstance would it be possible for us to do a pre trial motion for dismissal if he can have a deposition taken of my statement of lying to the police and giving false statements and also if he has depositions of witnesses that can also testify that I lied and gave a false police report?

 

[calatty]

It is very common for girlfriends to recant after accusing their boyfriends of physical violence. The prosecution frequently pursues these cases anyway. When the girlfriend gets on the stand and denies everything, the prosecutor impeaches her with her prior inconsistent statements. In other words, the DA brings in the statements you made to the police, and the jury has to decide whether to believe you now or believe you then. There are no depositions in criminal cases and a court is not going to dismiss the case just because you regret making the original report, for whatever reason.

 

[natesgirl]

Is that even if there are witnesses who will testify that I did lie?

 

[calatty]

If there were people present during the incident who will say that he never struck you, then they can testify in his defense at trial. They should contact his defense attorney. If these people were not present, then they can't testify at all.

 

[natesgirl]

The police said that they had to arrest him due to a bruise on my knee but that bruise had been there for a week my mom and I were cleaning and I ran into the table... Can she testify to that?

 

[charlie neville]

Sure.