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What is AFFIDAVIT?

What can I be charged for if I didn't state the whole truth on an affidavit and I file a new one to fix it?

  • My boyfriend and I got into a physical fight, in which I did most of the physical part, when I was four months pregnant. He said that he didn't want to be with me and took all his things and left. I was freaking out and I called my mom and my sister. They saw a couple scratches on my shoulders from where he was trying to restrain me from hitting him. They called the police and I filed a police report for domestic violence. I didn't lie on the affidavit however I did not state the whole truth. I said only what he did to me, not what I did to him. Now we are trying to work things out and he might end up going to jail. He has Final Pre-trial conference on Feb 26. Should I rewrite the affidavit and give it to his lawyer? What can I be charged with if I do?

  • Answer:

    The Prosecutor cannot make a case if you refuse to testify. If he subpoenaes you just say to all questions (after giving your name): I refuse to testify, involing my 5th amendment right against self incrimination". No matter how many questions he asks and how many times he asks them repeat the same thing. If he shows you the affidavit you signed give him the same answer. That is your SAFEST route.

arlenem1... at Yahoo! Answers Visit the source

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A lot depends on which legal system you are in. Cactus Jack sounds very authoritative on the US position, but that won't help you unless that's where you are. You can't do "fifth amendment" type keeping schtum in many jurisdictions - in the UK, for example, you would likely go to jail for refusing to answer (holding the Court in contempt). Then if you did answer, even a not-too-clever lawyer would probably find it easy to establish that your affidavit attempted to hide the truth, in which case you'd still be likely to go to jail for contempt or "attempting to pervert the course of justice". The UK answer would be see a lawyer quickly and get him to help dig you out of your hole - probably by amending your affidavit before a judge gets involved. Do not go to your boyfriend's lawyer - he is interested only in getting your boyfriend off the hook.

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