12339 S. 800 E., Suite 101 Draper, UT, 84020
Mandatory arrest conditions vary from state to state but are usually let to the officer’s discretion. This being said, it is not abnormal for the police to resolve a domestic dispute with an arrest. Unlike some other states, this can escalate to charges being pressed against the accused regardless of whether the alleged victim wants to drop the charges or not. This is further made worsened by the states stringent domestic violence laws with are not only a labyrinthine but potential toxic to the accused. In these cases, a criminal defense attorney can be paramount in defending you and your rights.
In Utah, once charges are filed by the prosecution, the alleged victim has little say in whether the case will go forward. Those decisions are made by the prosecution. However, victims do have rights and should seek legal advice as well if they don’t want the charge to go forward. Attorneys can assist victims in knowing whether they have to testify, go to court, or simply have a voice in the matter pending before the court. Often, the prosecution of a spouse severely affects the life of the family at home. Neither the accused nor the victim of domestic violence should leave the outcome of the process to the good will of the prosecutor in the case.