Dear Ms. Rodriguez,
My boyfriend and I had a fight. We were parked in front of a mall and we started arguing in the car. I did not want to continue arguing so I got out of the car. He got out as well and tried to stop me from leaving. The argument continued. He asked me to go back in the car and I refused. He held my arm and tried to push me in the car. His grip was not strong at all. However, I did not want to go inside the car. He tried to push me in twice and I resisted. I thought he was going to push me in again the third time so I braced myself and forcefully put my hand up to try to loosen his grip. Unfortunately, he let go of my arm so I ended up losing my balance and fell on my butt. He helped me up. I went in the car and we drove off. Next thing I know, my boyfriend was charged with domestic assault. Apparently, someone saw the incident in the parking lot and called 911. He hired a lawyer to represent him at the trial. I understand I am going to be called as a witness. I do not want to go. He did not do anything to me. I fell because I lost my balance. Yes he did try to push me in the car but it was not even a strong push. It was more of a slight shove. My question is, what if I decide not to attend the trial, what will happen? Will he still be found guilty if I do not appear? He has never been in trouble before. He is a good person and does not have a violent bone in his body. It is so unfair for them to charge him when he did not do anything wrong. How could they accuse him of assaulting me based only on some stranger who obviously does not know what they saw!!! I am really infuriated! I am so sorry but this is so unfair.
Mad Woman
Dear Mad Woman,
First of all, if you are ordered to appear in his trial, you have to be there. You are a material witness to the Crown’s case. If on the trial date you do not attend, the Crown could ask the Judge to issue a material witness warrant for your arrest. Once issued, the cops will look for you and arrest you. They will keep you in custody until someone comes and bails you out. If no one bails you out, you will be kept in jail until the trial date. I do not think you want to go to jail. Furthermore, not appearing for your boyfriend’s trial will not help him at all. On the contrary, your attendance might actually prove helpful to him. The Crown has to prove your boyfriend’s guilt beyond a reasonable doubt. If you are telling the truth that your boyfriend did not assault you then you have nothing to worry about. Your testimony could actually help your boyfriend’s case since your testimony, if found to be credible by the Judge, would raise a reasonable doubt in the Judge’s mind as to your boyfriend’s guilt. Let’s look at the scenario where you do not attend the trial and the Crown decides to proceed without you. The Crown decides to present as their witness the person who called 911. That witness testifies seeing your boyfriend assaulting you, plain and simple. If that is the only evidence the Judge hears and he accepts that testimony as credible, chances are, your boyfriend will be found guilty. You see, if you testify, your testimony could very well be your boyfriend’s key to being found not guilty. So I strongly suggest you attend the trial and tell the Judge the truth. Truth is always the way to go.