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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 09-15-2008, 12:30 AM
Tam Tam is offline
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Join Date: Sep 2008
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Question Arrested for Assault
My question involves criminal law for the state of: Utah

My son was arrested for assault and criminal mischief after my husband and him had a fight about my husband taking the keys away from him. My son hit my husband. He was in jail for 20 hrs when we bailed him out. We have a court date this week. My husband wants the charges to be dropped. My son is a good kid with a full time job and we have never had any trouble with him. The criminal mischief charge was because my son hit his head against the wall and made a dent, that has now been fixed by my husband and my son together. Is it possible to have the charges dropped and court date cancelled?
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Old 09-15-2008, 08:07 AM
cyjeff cyjeff is offline
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Join Date: Mar 2007
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Default Re: Arrested for Assualt
Sure it is possible.

However, since about 75% of all domestic violence victims recant their testimony, whether or not the case is dropped is not in your husband's hands.

Have him call the DA. Have him prepared to explain why he was very willing to call the police then but doesn't want him prosecuted now... in other words, why was he willing to waste the police officer's time?
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