Domestic violence ruins more than just one life; you must contact a Sandy domestic violence lawyer. Here are common errors defendants in domestic violence cases commit. 

  • Not requesting a jury trial. 

Okay, this ought to be a no-brainer as it is more difficult for a prosecutor to persuade a large jury of up to twelve in Utah unanimously of your guilt than for him to persuade a single judge. Remember that the judge hearing your domestic violence case may have previously worked as a prosecutor and may associate with the prosecutor, “victim advocate,” and police officers involved (especially in small towns).

  • Not defining “proof beyond a reasonable doubt” for the jury. 

In my opinion, this is as important as requesting a jury trial. And in my view, this is the criminally most overlooked factor by defense lawyers. Insist that the jury be informed of how this level of proof differs significantly from all other proof levels. Your attorney should inform the jury that a “not guilty verdict” does not always indicate that you are “innocent.” It simply implies that they have not been persuaded by the State’s “evidence beyond a reasonable doubt” that you are guilty.

  • It is seen as dishonest to fail to present the “domestic violence victim” to the jury. 

It is commonly known that “the witness’ credibility is always crucial in the search for the truth. Keep in mind that everyone who testifies under oath jeopardizes their credibility. The credibility of a witness may be challenged or supported by evidence in the form of opinion or reputation, according to Rule 608(a) of the Utah Rules of Evidence.

  • Insufficiently defending “consent.” 

This one may be quite politically wrong, but it can also be incredibly rational and completely legal, making it a complicated subject. Everyone is aware that when two adults engage in sexual activity, neither party may be accused of committing an act of rape. To put it another way, what two individuals choose to do to one another could totally horrify others. In the context of domestic abuse, the same argument can be made.

  • Ignoring to consult a lawyer. 

Most people know that spouses can frequently claim “the spousal privilege.” Still, few are aware that most persons have the right to decline to testify if they believe doing so would result in criminal charges being brought against them. Because accusers frequently lie to police, they prefer to avoid being cross-examined. They can decline to testify against the defendant; their lawyer will advise them if they have a good one. As the days go by, accusers frequently regret that the police were contacted and decide not to testify. In such a situation, the witness or accuser should contact a defense attorney rather than the prosecution or victim advocate.