I Was Cited for Domestic Threat
My question involves criminal law for the state of: Utah
Hi i was cited yesterday for terroristic treats domestic code 76-5-107
my mother in law and i were having a debate over her accusing me and my wife of not paying rent ( which we did pay )
i then said me and my wife who is pregnant would move to Scotland and told her she wouldnt be welcome and wouldnt be allowed near our child, she then replied that she would come over without us knowing and visi the child etc, i then replied jokingly then she may fall of a cliff ( which she laughed ). my brother in law ( who is a drug addict then come running down the stairs trying to show of to his friend tried killing me i did not fight back as my wife yelled not to fight i tried to keep him off me but he got me in a choke hold ( he is a workout enthusist and into all the weights etc) i could not breath and kept asking him to stop but he just kept yelling "DIE M****R F****R" he then let go just before i was about to black out. he then ripped his shirt off and kept yelling he was going to kill me me and my wife then went to our room to get away from them. He then called the cops and within 5 minutes 8 cops were here i fully co operated and explained the situation. I had a burst lip, burst noise and a puncture wound on eithe side of 1 finger and sever bruising on the one next to it from where he bite when i tried to get out of his choke hold and i had a serverely bruised neck. (due to not having health insurance i couldnt afford to go to the ER) the officers were highly rude and supervised me and my wife giving statements while my brother in law gave his next to his friend un supervised. my mother in law told officers i said it jokingly to her and felt no threat or intent and she said she knew i was joking ( my mother in law and i get on pretty well) i was then cited for utah code 76-5-107,
after some research i found the name on the citation is incorrect.
Will this go on my record ( i am cited to appear before a judge or somthing along those lines)
Is there anything i can do without hiring a lawyer ( i dont make much and my wife is unemployed)
Is being cited the same as arrested?
Will this affect my future job prospects
If my mother inlaw appears with me and explains she knew it was said jokingly and she was not treatened will this help
I just saved up enough to pay to start my schooling to become a nurse will this affect me enrolling and becoming a licenced RN
Note my brother in law was not cited or charged and while he was attacking me he kicked my pregnant wife in the stomach to keep her back the medics had to try and check her but said there wasnt anything they could do and she would have to go to the ER which we did due to her having severe cramping and lower abdomen pain.
we spent 8 hrs in the ER and luckily my wife and our baby are ok but the Dr was extremely worried and said she was lucky, should i report that we went to ER and what the Dr said.
your answers and advise are most welcome
Sorry i thought the more detail i provide you the better
Re: I Was Cited for Domestic Threat
Based on the context of the origins of your converstation with you mother-in-law, you'd be hard pressed to convince anyone that the conversation was civil and light hearted.
A misprint on the citation is minimal and will be corrected at your court date.
Yes, it will show on your record. Even without a conviction, an arrest is part of your history unless your state allows for a removal of such things.
Your mother-in-law stating that you were just joking may not be enough to minimize this issue. The state can very well pick up the charges.
Being that this information may not be included in a report, you will have a tough time selling this particular tidbit to the appropriate folks.
It can possibly affect your job prospects including getting a nursing license.
Some states consider certain citations to be arrest offenses. Some states consider any offense that has a possibility of a jail sentence to be an arrest.
If you don't have much money, but can prove indigency, the state can appoint you counsel.