umakemesick

Last Tuesday night, my boyfriend was arrested on the sidewalk outside our apartment building. We do live together and have had some physical violence. Thus, we had a "refrain from" order vs. stay away. We have really done well with that hanging over his head! Anyway, Tuesday night, I felt he was getting a little hot under the collar and was moving a few clothing items to my vehicle to stay with family for a night and avoid trouble.

He left the apartment (he was not mad at me) and I followed him grabbing him by his belt loops to try and get the apartment keys because I had accidentally been locked out. Some one on the street (its a really rough area) felt I was harrassing him (they didn't know the situation) and we weren't fighting at all. If I felt threatened I would not have followed him to obtain the keys!! And if he had been physically abusive to him I WOULD HAVE called the police! Ok. Now the situation.

The police immediately put him under arrest for criminal contempt for "violating" our refrain from order. (there was NOT violation--not verbal--not physical nor was I in fear of him at all)!

He's been in jail on a pending felony charge (can they charge a felony on an alleged first time violation of order of protection?) and has no bail/bond set. I was called to testify in his felony examination and had my own attorney because a policeman "embellished" my supposed "supporting deposition." I DID SIGN IT. I was under unbelievable duress and this statement was never given to me to READ (i was in a dark patrol car) and the officer said he was sick of this "effin" ****** and was through playing his "effin" games! I seriously have medical issues for which I have short term memory problems Severe issues. I have MS and this condition in addition to my medications are frightningly affecting my memory and cognitive skills.

The reason I consulted an attorney even though I was only a witness is because the ADA is aggressive as a pit bull with rabies. I KNOW the several statements in the supporting deposition are not true at all. I never had an opportunity to read it, it was dark in the vehicle and I was crying violently. I asked the officer to read it to me and he said he would give me a copy after I signed it. Ignorantly I signed it.

You can see where this is going. I knew if I placed my hand on the bible and swore under oath I was going to tell my truthful version of what happened. Matt never laid his hands on him and I was never in fear for my safety.

My attorney was allowed to be present with me during my testifying and advised me to plead the fifth to a lot of questions. If I answered truthfully the the DA would not grant me immunity and wanted me to (a)commit purjury and/or (b) charge me with signing a false statement.

He is now told they will hold him (including time already served) up to 45 days while they prepare a case for the grand jury.

My question is: Is this right? Are his rights being violated....there is only he and I who would testify about what happened and I know as a fact he never violated the order. And I was scared and feeling extremely confused in the patrol car having no prior dealings with police. I'm an adult woman but I have learned I will NEVER sign a statement again. So, basically I DIDN'T give the DA any cooperative testimony and he is pissed but I was protecting my rights against possible incrimination.

Will they call me to testify at the grand jury? I understand how Grand Jury works as I was fortunate enought to serve a 3 month term a few years ago. Please help me someone! I just need unbiased advice please.

~Troubled in New York State

yankeebabe63@yahoo.com

I have three lacerations to my skull and about 7 staples. I lost a lot of blood and ended up passing out with a concussion.