Domestic Violence Laws in Utah - Don't Let the Police Beat You Up

Domestic Violence Laws in Utah - Don't Let the Police Beat You Up

Assault and domestic violence are very prevalent in Utah. As a criminal defense attorney I have discovered that once the domestic incident is over, a spouse or a loved one often does not want the defendant prosecuted. Unfortunately, once the police are called, it is not up to the alleged victim to decide whether to drop the charges or not. The following is a list of issues and laws relevant to assault or domestic violence charges.

First, Utah does have what is called the spousal privilege. In other words, the State cannot make a husband or wife take the stand to testify against his or her spouse. Many times, the only evidence supporting a domestic violence or assault charge is a spouse's word. Without their testimony, the prosecution may have a difficult time making its case.

Second, you do have the right not to incriminate yourself. This means you do not have to respond to police questioning and certainly means you do not have to admit to any offense. It is always best not to make statements to the police but to have a lawyer present.

Third, many domestic violence charges are the result of statements made by one party against the other. There are always two sides to a story. If there are witnesses to the offense that know you were not the initial aggressor, it is a good idea to make such witnesses' names and contact information known to officers. Certainly, this information can be used by your criminal defense lawyer.

Fourth, you have the right to request a criminal attorney in Salt Lake City when questioned by the police. Once an attorney is requested, all questions by the police must stop.

Finally, if charged with a crime, it is always recommended to plead not guilty at the initial court appearance. The prosecution will often make a plea agreement even if you are guilty of an offense. If you plead guilty at the first court appearance, you will likely not receive any kind of an offer on the charges or on sentencing. If charged, it is recommended to retain a criminal law attorney who specializes in domestic violence charges.

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