For example, let’s say that you are being charged with domestic violence assault in the Utah County Justice Court and it is the first time you have ever had to face criminal charges in your life.  Normally, in another county, you would be eligible for a plea in abeyance.  In such a case you would pay a “fee” (not a fine), take an anger management class, and not get in trouble for 12 months and then the case would be dismissed and you could get the arrest record expunged right after that.  Sounds pretty good and pretty fair, doesn’t it.

For whatever reason, the Utah County District Attorney’s Office doesn’t offer pleas in abeyance.  So in the case of the first time domestic violence charges, you would not get the benefit of being able to get that case dismissed after 12 months.  Instead, you would be forced to either take a plea to a lesser offense, plea straight up, or go to trial and take your chances with a jury.

While you certainly don’t have a right to enter into a plea in abeyance agreement with a prosecutor, Utah County is certainly out of the norm.  Most counties offer pleas in abeyance.  It is a just way to approach the criminal process.  Someone who made a mistake and is not a repeat offender should be given a second chance but should also be held accountable.  That is exactly what a plea in abeyance does: it keeps offenders responsible but gives them the ability to work through it in a way that will not ruin their future.

The post Utah County District Attorney Doesn’t Give Pleas in Abeyance appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.

Respect the Pretrial Protective Order

After an individual is arrested for domestic violence he will be released from jail with a pretrial protective order; or, if the defendant does not bail out from jail he will see a judge to determine the bail amount and whether the pretrial protective order should be entered.

At the initial court appearance, the court will likely issue a pretrial protective order which prohibits the defendant from having any contact with the alleged victim in the case if the alleged victim shows up and argues for the order.  The victim is given an opportunity to attend and argue in favor of or against the pretrial protective order.  It has been our experience that in most cases the alleged victim does not even show up for the initial appearance and so the judge dismisses the pretrial protective order or does not enter one. It has also been our experience, however, that if the alleged victim attends and wants the order, the judge will issue it.

Make sure you comply 100% with the pretrial protective order because if you don’t, violating the order is a criminal charge in and of itself.

Consider Your Spouse’s Frame of Mind

If you are married, your spouse may be able to help your case if he or she does not wish to testify against you.  In the majority of cases we’ve seen we most alleged victims are repentant of having called the police because domestic violence did not actually occur or because it was not serious enough to call the police.  In those types of cases your spouse should get her own attorney to let the prosecutor know he or she will be exercising the spousal privilege and will not testify.

In cases where the victim spouse is out for blood, it makes sense to simply steer clear and not attempt to reconcile and to simply defend yourself against the claims.

Lawyer Up

Most importantly, get an attorney.  Without appropriate legal representation there is a good chance your case could become dire.  Call us anytime at 801.800.8246 for a free consultation with one of our Provo Criminal Defense Lawyers.

The post Three Tips for Dealing with a Domestic Violence Case in Utah appeared first on Provo Criminal Defense Lawyer | Utah DUI Attorney.