| Assault and domestic violence are very prevalent in | | | | |
| Utah. As a criminal defense attorney I have | | | | - Third, many domestic violence charges are the |
| discovered that once the domestic incident is over, a | | | | result of statements made by one party against the |
| spouse or a loved one often does not want the | | | | other. There are always two sides to a story. If |
| defendant prosecuted. Unfortunately, once the | | | | there are witnesses to the offense that know you |
| police are called, it is not up to the alleged victim to | | | | were not the initial aggressor, it is a good idea to |
| decide whether to drop the charges or not. The | | | | make such witnesses' names and contact information |
| following is a list of issues and laws relevant to | | | | known to officers. Certainly, this information can be |
| assault or domestic violence charges. | | | | used by your criminal defense lawyer. |
| | | | | |
| - First, Utah does have what is called the spousal | | | | - Fourth, you have the right to request a criminal |
| privilege. In other words, the State cannot make a | | | | attorney in Salt Lake City when questioned by the |
| husband or wife take the stand to testify against his | | | | police. Once an attorney is requested, all questions by |
| or her spouse. Many times, the only evidence | | | | the police must stop. |
| supporting a domestic violence or assault charge is a | | | | |
| spouse's word. Without their testimony, the | | | | Finally, if charged with a crime, it is always |
| prosecution may have a difficult time making its case. | | | | recommended to plead not guilty at the initial court |
| | | | | appearance. The prosecution will often make a plea |
| - Second, you do have the right not to incriminate | | | | agreement even if you are guilty of an offense. If |
| yourself. This means you do not have to respond to | | | | you plead guilty at the first court appearance, you will |
| police questioning and certainly means you do not | | | | likely not receive any kind of an offer on the charges |
| have to admit to any offense. It is always best not | | | | or on sentencing. If charged, it is recommended to |
| to make statements to the police but to have a | | | | retain a criminal law attorney who specializes in |
| lawyer present. | | | | domestic violence charges. |