What Would Make A Prosecutor Drop A Domestic Violence Case In Utah?
Ultimately, prosecutors have the authority to decide whether or not to proceed with a domestic violence case in Utah. If the prosecutors do not believe that there is enough information and evidence to successfully prosecute the defendant beyond a reasonable doubt, then they can decline prosecution and dismiss the case. Prosecutors may choose to dismiss without prejudice, which means they reserve the right to refile charges upon the discovery of new evidence in the future.
Am I Allowed To Use Self-Defense As A Defense To A Domestic Violence Related Charge In Utah?
Self-defense is a legal defense that can be used by an individual who has been charged with domestic violence assault. A defendant’s attorney would conduct an investigation, assess the strength of the self-defense defense, and notify the prosecutor that a self-defense defense will be asserted. Next, the case would be scheduled for a pre-trial conference, during which the parties would attempt to resolve the case through a negotiation or plea deal. In an attempt to persuade the prosecutor to dismiss the case, the defense attorney would give the prosecutor a general idea of why the self-defense claim would be successful at trial.
Will It Be Assumed That I Am Guilty Of Domestic Violence If I Have A Prior Conviction For Domestic Violence?
Prior convictions should have no influence on the determination of guilt or innocence in a new case; only the facts of the current charge should be considered. However, prior convictions would be considered during sentencing and could result in the enhancement of penalties associated with the new charge.
For more information on Dropping Domestic Violence Charges In Utah, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 309-6966 today.