Assault, Domestic Violence in the Presence of a Child

Case

Highlights

Attorney:

Steven L. Grayson

Category:

Criminal Defense

Location:

Park City, Utah

Results:

Case Dismissed

Upset woman sits on floor

The Challenge

Utah law is a “mandatory arrest” state where if police respond to a domestic violence call and have probable cause to believe that domestic violence has occurred and there will be continued violence, they are required by law to arrest the person. This sets into motion a series of events that often has the wrong people behind bars.

Legal Strategy

Convince the prosecutor that given the evidence and their witness’s availability and credibility, the State would not prevail at trial. In this case, we had to aggressively pursue our client’s speedy trial rights and fight against the prosecutor’s attempts to delay the trial.

Results

The prosecutor dismissed the case entirely weeks before the scheduled trial date. Our client was a family member of the other party involved in the alleged incident. When the police responded to an alleged fight between the two, police told the other party (who did not want to make a statement) that they had to arrest someone and if she did not talk they might arrest her. After hearing that, the other party blamed our client who the police then arrested. Because our client was arrested, she was charged with multiple domestic violence offenses. The prosecutor dismissed the case entirely before trial began.