What is the name of your state? Virginia
My husband and I got into an argument that became physical and I took my two small children and left. After I left, I realized my wallet was missing so I called the police for assistance to go back and get my wallet. They asked several questions including "did the argument become physical?" and I answered yes. Anyway, the police come and continue asking a LOT of questions and even saw a mark around my neck and asked me about that. They escorted me back to the house and ended up arresting my husband - totally unexpected nor wanted on my part. My husband was taken to the police station where he was taken before a judge and the police officer evidently lied and embellished a lot of what I said. (My husband was also never read his rights.) Now, I have to go to court as a witness for the prosecution. I NEVER wanted my husband to get arrested - this has never happened before and I honestly think it was unintentional.
The police officer asked if we were both physical and I said we both were. He said there are no marks on my husband and there is a mark around my neck where my husband pulled a lanyard around my neck and pushed me against a wall. Therefore, they said that they HAVE TO arrest who they think was the bigger aggressor.
I don't want my husband to be found guilty. What can I do? Do I have to testify at all? Can I plea the fifth amendment? Do I have to testify against my husband? The police officer lied - what if the judge believes the police officer over me? Please help...
My husband and I got into an argument that became physical and I took my two small children and left. After I left, I realized my wallet was missing so I called the police for assistance to go back and get my wallet. They asked several questions including "did the argument become physical?" and I answered yes. Anyway, the police come and continue asking a LOT of questions and even saw a mark around my neck and asked me about that. They escorted me back to the house and ended up arresting my husband - totally unexpected nor wanted on my part. My husband was taken to the police station where he was taken before a judge and the police officer evidently lied and embellished a lot of what I said. (My husband was also never read his rights.) Now, I have to go to court as a witness for the prosecution. I NEVER wanted my husband to get arrested - this has never happened before and I honestly think it was unintentional.
The police officer asked if we were both physical and I said we both were. He said there are no marks on my husband and there is a mark around my neck where my husband pulled a lanyard around my neck and pushed me against a wall. Therefore, they said that they HAVE TO arrest who they think was the bigger aggressor.
I don't want my husband to be found guilty. What can I do? Do I have to testify at all? Can I plea the fifth amendment? Do I have to testify against my husband? The police officer lied - what if the judge believes the police officer over me? Please help...