Ask Me Help Desk - Am I going to jail?

This is quite complicated but I will try and explain it as best as I can.

My good friend has had a really bad break up with her abusive ex-finace' over the last couple months. She asked for a protective order against him, and told the her lawyer about everything that has happened, because he is literally insane. Apparently he want's to go into the Coast Guard, but you can't be accepted if you have a protective order against you. So he decided to fight the protective order, and say that nothing that she said had ever happened. Them living together, him beating her and so on and so fourth. A while back she called me laughing and said that she was going to tell the courts that he held a gun to her head. I told her that it was kind of stupid and she can't lie about something like that. Anyway last week she said that she told her attorney that I was there to witness him hold a gun to her head, when in fact I did NOT! She wanted me to go to court with her and testify that I did see that. Fortunately I was out of town on the 2nd of July and I was unable to attend court. But she told me that I wouldn't have to testify later on, if I went and got the story notarized. So being the idiot I am and not knowing what the hell notarization was.. I did it. We only went to the America First Bank by my house, and she typed it up herself. If that helps me out.

When I came back from my vacation she informed me that the case is getting ugly and that I have to testify. She wants me to go in and lie under oath. I told her when this whole thing started that I don't mind testifying because I never thought she would take advantage of me like this. He did beat her, and I was there numerous times. I was telling her yesterday that I'm not going to go in there and lie about something like that, while I am under oath. If they ever found out that we were lying that we could be charge for fraud, and purgery. She then started telling me that it was my fault for getting that story notarized and that I should have made up my mind before we took it to the bank, and that it's a legal document and I can't change it.

Yesterday I got 3 subpoenas in the mail, one for me, one for my husband, and one for my room mate, saying that if we didn't appear in court on the 30th, we all would get warrants for our arrest. It's totally fine that I got one because I realize that I am in quite the situation. But to give one to the others without their consent, isn't that wrong?

Anyway I just want to know if there is anything I can do. I'm afraid being thrown in jail. I am only 20 years old and I just barely got married, I'm afraid that I just ruined my life. I mean I know I am an idiot for going to get it notarized and all but there has to be something that I can do. Maybe testify to everything that is true, but could I plead the 5th to the gun thing? Honestly I am afraid, they are both crazy. If I go against what she says, I'm scared that she will come after me. Noah is a different story, he has serious anger issues. If something happens and he gets put away, I'm afraid that he will come after me. I could have children and a family by then.

What should I do? Would it help if I went to a lawyer and got my story actually notarized into an actual legal document, and just leave out the gun to her head part?

Please any advice would help..
The court date is July 30th, I don't know what I can do.
Thank you so much for your help!
If you want to send me an email and talk about it please do.. I'm freaking out :(

First of all even though you ''can't ruin your life like this'' you do realize that you CAN ruin his life by sticking to your story. When you go to court tell them only what you actually DID see him do.
Don't even admit to things she claimed he did that is all hearsay.
With the holding a gun to her head you need to stop the lie before it gets worse.
What if you stick to your story and he has a more credible story that proves that it is a lie then you would be in way deeper trouble than just the notary. Hopefully the Judge will see you are trying to right a wrong and nothing will happen.
It is not wrong to subpoena someone without their consent but if Tyler and Ashley but if they did not see anything then that is all they can say in court is they do not know anything and they do not even know why they were brought in on it.
She is not a friend if she expects you to go through with this.

I 100% agree with nohelp!

Stop this insanity NOW! Show up for court. Tell the truth, the whole truth and nothing but the truth. When they ask you about the gun to the head story tell them you lied and you are sorry. The defense (his attorney) may very well rip you to shreds and discredit you as a liar because of it. Just state clearly and tell them that you were afraid for your friend and that's why you lied. (I assume that's true.)

All you can do now is be humble, be sorry and be truthful.

And I also agree about your "friend". Not much of a friend after all, it turns out. I'd get through this case and steer clear of her.

As far as Noah and being afraid of him retaliating... if he comes anywhere near you call the police immediately - don't take any chances. Tell them you testified against him and you fear for your life.

Quote:

Originally Posted by bloxingham

This is quite complicated but i will try and explain it as best as i can.

My good friend has had a really bad break up with her abusive ex-finace' over the last couple months. She asked for a protective order against him, and told the her lawyer about everything that has happened, because he is literally insane. Apparently he want's to go into the Coast Guard, but you can't be accepted if you have a protective order against you. So he decided to fight the protective order, and say that nothing that she said had ever happened. Them living together, him beating her and so on and so fourth. A while back she called me laughing and said that she was going to tell the courts that he held a gun to her head. I told her that it was kind of stupid and she can't lie about something like that. Anyways last week she said that she told her attorney that i was there to witness him hold a gun to her head, when in fact i did NOT! She wanted me to go to court with her and testify that i did see that. Fortunately i was out of town on the 2nd of July and i was unable to attend court. But she told me that i wouldn't have to testify later on, if i went and got the story notarized. So being the idiot i am and not knowing what the hell notarization was..i did it. We only went to the America First Bank by my house, and she typed it up herself. If that helps me out.

When i came back from my vacation she informed me that the case is getting ugly and that i have to testify. She wants me to go in and lie under oath. I told her when this whole thing started that i dont mind testifying because i never thought she would take advantage of me like this. He did beat her, and i was there numerous times. I was telling her yesterday that i'm not going to go in there and lie about something like that, while i am under oath. If they ever found out that we were lying that we could be charge for fraud, and purgery. She then started telling me that it was my fault for getting that story notarized and that i should have made up my mind before we took it to the bank, and that it's a legal document and i can't change it.

Yesterday i got 3 subpoenas in the mail, one for me, one for my husband, and one for my room mate, saying that if we didn't appear in court on the 30th, we all would get warrants for our arrest. It's totally fine that i got one because i realize that i am in quite the situation. But to give one to the others without their consent, isn't that wrong?

Anyways i just want to know if there is anything i can do. I'm afraid being thrown in jail. I am only 20 years old and i just barely got married, i'm afraid that i just ruined my life. I mean i know i am an idiot for going to get it notarized and all but there has to be something that i can do. Maybe testify to everything that is true, but could i plead the 5th to the gun thing? Honestly i am afraid, they are both crazy. If i go against what she says, i'm scared that she will come after me. Noah is a different story, he has serious anger issues. If something happens and he gets put away, i'm afraid that he will come after me. I could have children and a family by then.

What should i do? Would it help if i went to a lawyer and got my story actually notarized into an actual legal document, and just leave out the gun to her head part?

Please any advice would help..
The court date is July 30th, i don't know what i can do.
Thank you so much for your help!
If you want to send me an email and talk about it please do..i'm freaking out :(

Well, unless I'm reading this wrong somebody wrote down this whole gun to the head story and you signed it and had it notarized - so you've already lied to the Court. All the notary does is "verify" that you are the person who signed the document (by the way); the notary does not verify the facts within the document. I know you said you're an idiot for getting the document notarized - I don't understand why you signed it in the first place, notary or no notary. As I said - the notary's signature doesn't really change anything EXCEPT you now can't deny that you signed it.

You don't need people's consent to subpoena them - in fact, if they consented to appear you wouldn't need subpoenas.

You have no choice but to go to Court and tell the truth - if I were you I would call the prosecutor NOW and confess. I wouldn't want my integrity shredded on the witness stand (and that will happen) as well as forcing your husband and roommate to testify against you (which is what is also going to happen). If the prosecutor knows up front what the truth is he/she may very well be willing and able to work with you, may be able to resolve the whole issue out of Court, may even decide there's no need for the Court appearance.

And then I would distance myself from both people, realize your lie could very well have destroyed somebody's life and tell the truth from now on.

Will the person who allegedly held the gun to your friend's head take legal action against you for any legal fees caused by your lie - very possibly. Could he insist that you somehow be punished - very possibly. Depends on his Attorney.

If you are afraid of the people involved, then apply for a protective order - and cover that with the Prosecutor.

It is also most definitely NOT a very good idea to post this much info and your email address on a public site - you never know who is reading it (and there are some nut jobs out there), including someone on the other side of this case. You have just publicly admitted to knowingly and willingly committing a crime.

This is quite complicated but I will try and explain it as best as I can.

My good friend has had a really bad break up with her abusive ex-finace' over the last couple months. She asked for a protective order against him, and told the her lawyer about everything that has happened, because he is literally insane. Apparently he want's to go into the Coast Guard, but you can't be accepted if you have a protective order against you. So he decided to fight the protective order, and say that nothing that she said had ever happened. Them living together, him beating her and so on and so fourth. A while back she called me laughing and said that she was going to tell the courts that he held a gun to her head. I told her that it was kind of stupid and she can't lie about something like that. Anyway last week she said that she told her attorney that I was there to witness him hold a gun to her head, when in fact I did NOT! She wanted me to go to court with her and testify that I did see that. Fortunately I was out of town on the 2nd of July and I was unable to attend court. But she told me that I wouldn't have to testify later on, if I went and got the story notarized. So being the idiot I am and not knowing what the hell notarization was.. I did it. We only went to the America First Bank by my house, and she typed it up herself. If that helps me out.

When I came back from my vacation she informed me that the case is getting ugly and that I have to testify. She wants me to go in and lie under oath. I told her when this whole thing started that I don't mind testifying because I never thought she would take advantage of me like this. He did beat her, and I was there numerous times. I was telling her yesterday that I'm not going to go in there and lie about something like that, while I am under oath. If they ever found out that we were lying that we could be charge for fraud, and purgery. She then started telling me that it was my fault for getting that story notarized and that I should have made up my mind before we took it to the bank, and that it's a legal document and I can't change it.

Yesterday I got 3 subpoenas in the mail, one for me, one for my husband, and one for my room mate, saying that if we didn't appear in court on the 30th, we all would get warrants for our arrest. It's totally fine that I got one because I realize that I am in quite the situation. But to give one to the others without their consent, isn't that wrong?

Anyway I just want to know if there is anything I can do. I'm afraid being thrown in jail. I am only 20 years old and I just barely got married, I'm afraid that I just ruined my life. I mean I know I am an idiot for going to get it notarized and all but there has to be something that I can do. Maybe testify to everything that is true, but could I plead the 5th to the gun thing? Honestly I am afraid, they are both crazy. If I go against what she says, I'm scared that she will come after me. Noah is a different story, he has serious anger issues. If something happens and he gets put away, I'm afraid that he will come after me. I could have children and a family by then.

What should I do? Would it help if I went to a lawyer and got my story actually notarized into an actual legal document, and just leave out the gun to her head part?

Like 10 minutes ago I told my friend that I am NOT going to testify to that and that I did research on notary and this is what she just said to me
"I looked into it too and if you go on the stand and say that you lied we both go to jail and have to pay a large fine to get out..you arent lying, you and i both wrote it down. We'll be fine. Nobody is coming after us except her ex, if we lose and you dont testify you could make us lose it all.."
!
IS THIS TRUE?

I doubt you will get much different answers than you got here

https://www.askmehelpdesk.com/small-...ie-236021.html

You need to tell them that you were wrong. If you stick to your story you are ruining this guys life as well as getting yourself in deeper trouble. She is trying too intimidate you to get her way. If she is like this I can understand why he dumped her.

You tell the truth when you testify, notory only says you sign it, does not give it any special legal standing.

If you lie in court you can get into trouble if proved.

Read Judy's answer in your previous post. I am sure her answer has not changed since you last asked the same question. You will just have to tell the truth and let the chips fall where they may. You and your friend just can't keep lying and not expect to be punished or caught, now can you? You should not have made such outlandish allegations in the first place and on paper no less.

Quote:

Originally Posted by twinkiedooter

Read Judy's answer in your previous post. I am sure her answer has not changed since you last asked the same question. You will just have to tell the truth and let the chips fall where they may. You and your friend just can't keep lying and not expect to be punished or caught, now can you? You should not have made such outlandish allegations in the first place and on paper no less.

The thing is, I know nothing of law, at all. I'm stupid when it comes to things like this. But I told her that I didn't want to go to court in the first place and she told me that if I signed that paper I wouldn't have to appear in court at all. She just took advantage of me.. and its really irritating. But there is NO way I'm going to go up there and lie, and I told her that. But what should I say when they ask me.

Another thing.. she asked me to write about what I had saw so I told her that I would. Then she said that she would just write it so I let her. She just typed it up at work.

I was thinking when they ask me I could say that I signed it because I wasn't under oath, and now I am so this is the truth. If they ask how do they know that everything else I say isn't a lie, I'll just say, if I was going to come in here and lie, wouldn't I just say he held a gun to her head?

I don't know if that makes sense to anyone haha.

I changed the post because that guy scared me when he said that now everyone knows all this about me and stuff.. I thought I could delete my other one. O well.. I'm just screwed.

I'm going to talk to my mom's lawyer today about everything so we will see what happens.

Thank you guys for the help! I really appreciate it! :)

Tlak to your moms lawyer and tell him you do not want to perjure yourself so what is the best way to go about getting the truth out. Whatever you do you do not want to go into court and end up going along with the lie. Be very prepared to tell the truth... and nothing but the truth.

I've merged your two threads since they are the same issue. Please don't start a new thread with the same question. I've also edited out some of the personal info for you.

Quote:

Originally Posted by bloxingham

was thinking when they ask me i could say that i signed it because i wasnt under oath, and now i am so this is the truth. If they ask how do they know that everything else i say isn't a lie, i'll just say, if i was going to come in here and lie, wouldn't i just say he held a gun to her head?

You will not go to jail for what you have done so far. You did not give a statement under oath (notarization just affirms your identity not the truth of the statement). But if you did lie under oath, you would be committing perjury.

Tell your friend that she is no friend if she expects you to perjure yourself. Tell here that in court you must tell the truth.

As for the subpeoneas, see what Judy said about them.