Originally posted by Pigeon:
Originally posted by mbSVT:
Originally posted by PA 3L SVT:
No problem, I'm telling the truth
and I am now protected by the Fifth Amendment to the
Constitution from any further prosecution from the
events of that day.



are you sure? i think the 5th amendment only protects you if you are acquitted... you were never acquitted of your charges, but they were dismissed... I would be careful.



I'm an attorney (civil only) and I agree on the 5th Amendment issue. You don't have any immunity from prosecution. Let it go.

Scott



Don't take any offense to this, but you are both wrong. The nolle prosequi dismissal of the case holds the same weight as a trial acquittal. It is a FINAL outcome of the case (not hinging on a technicality that has any remedy available for the Commonwealth), with prejudice attached. Meaning that the government had their chance to apply criminal penalties for the fight, they used it, and it is now gone. I made sure I was especially clear on that afterwards with my lawyer.

Of course, if I did something else like returned to the apt. later and threatened to kill her if she called the police, that would be a later act and not protected. Doesn't matter since the next time I saw her was at my Preliminary Hearing a week later and I never comitted any criminal act in the first place.

And besides, getting falsely accused of a crime, arrested, spending the night in prison, getting thrown out of your apartment, and spending the next seven months out on bail REALLY sucks. Not to mention the damage to my reputation and the legal costs associated with this ($10k). She reaps what she sows. I waited this long to file charges exactly so it is not seen by the courts as unfounded retribution. Oh, and I knew the good old 5th Amendment was waiting here for me.

I'll post a link to the complaint once it gets filed. It really is interesting reading.

EDIT: Thanks for the link, hetfield.