5th amendment question........?
The Mother of my child has pressed charges of domestic battery against me. The were no witnesses to me committing any crime, and no physical evidence that any crime was ever committed. I contend that no crime ever took place, and she admitted to police that she was drinking heavily and I was 100% sober when the alleged crime took place. She does not want me to be convicted, and does not want to testify. The only evidence that any crime was committed would be her testimony. There wasn`t a scratch on her, and we were at home when the alleged crime took place. She has been subpoened to testify at a trial, and neither of us wants to be convicted of a crime. Does she have the right to plead the 5th? Would doing so leave her open to a contempt or charge of filing a false police? She is willing to help me out in whatever way she can to avoid prosecution, but she will not do anything that might leave her open to prosecution. I am in need of SERIOUS legal advice ASAP!!
Answer:
No..the 5th would be used if she was charged or accused of a crime...she could be held in contempt...but mostly in Domestic violence cases they don't need her testimony...it is usually a bench trial and the prosecution can use the testimony of the arresting officer(s) to prosecute...in most states the charges can not be dropped unless the judge agrees.
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