Today I went to a preliminary hearing as a witness against someone who I told the police assaulted me. I lied about everything in the report so I wanted to use my fifth ammendment right to now testify. I did not know how to do this as I couldn't obviously tell the DA I lied so I told her I did not want to testify. She told me too bad I HAVE to and that I don't have a choice in the matter. Not knowing what to do I went on the stand and lied about everything.
Is is okay for a DA to tell me I have to testify? I feel like my lack of understanding of the process and her unwillingness to ask why I didn't want to take the stand resulted in my rights being violated. I would imagine at such a request she should have at least inquired into some more detail about why I did not want to testify.
Now I'm stuck and feel I was forced into self incrimination! Help!!!
What is the name of your state, Simpatinate or, if not in the US, what is the name of your country?
I recommend you speak to an attorney in your area and confess your lies to this attorney. Your attorney could advise that you are honest now with the DA - but you can expect some fallout.
When you are subpoenaed to testify as a witness in a case, the court has ordered you to appear in court. The court can compel your testimony. If you refuse to appear in court to testify, you can be found in contempt of court and potentially you could be jailed and/or fined.
When in court testifying, you need to tell the truth or face a charge of perjury. You have the right in court to refuse to answer a question if to answer it would incriminate you. Instead of answering the question, you would claim Fifth Amendment protection. You do this instead of telling a lie.
If you are the only witness against the defendant, your lies can get the defendant convicted of a crime he didn't commit. Although you should follow your attorney's advice and direction, you should want to give the prosecutor an opportunity to correct the perjured testimony and a chance to withdraw the charges against the defendant and dismiss the case.
If convicted of the crime based on the lies you tell in court, the defendant cannot sue you over these lies. What you say in court is absolutely privileged which means it is immune from civil action. The defendant can, however, appeal a conviction based on your lies and, if you told the same lies to others outside court that you told in court, the defendant then could sue you for defamation. You can also be charged with filing a false police report. And, of course, there is your perjured testimony.
Again, I strongly recommend you speak to an attorney in your area now for advice and direction.
