Legal Question in Criminal Law in Utah

wife's testimony

My son and his wife had a fight which became physical He grabbed her by the leg and she proceeded to call 911 he took the phone from her and threw It breaking the phone. The police arrived took pictures of her leg it appeared to be bruised they charged him with assult, interfering with an emergency call and resisting arrest. She has refused to press charges against him. he has pleaded not guily and was told to get a laywer. he can't afford one he makes 18000 a year and support a family of four the court told him that he makes to much and must hire a lawyer He again requested a court appointed attorney and was again denied. She has been subpoenaed to testify against him. since he cant' afford a lawyer he plans on representing himself. Is this wise and can they require her to testify against him if she doesn't wnat to?


Asked on 2/27/01, 5:05 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: wife's testimony

Interspousal immunity does not apply when one spouse is assaulted by another. Yes, she can be compelled to testify against her husband in this instance.

It is most advisable to obtain legal representation however that may be done. In addition to the immediate penalities of jail and fines, if a conviction causes your son to be listed in the national register of spouse abusers, he may not possess a firearm. A lawyer may be able to prevent that occurrence.

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Answered on 4/24/01, 9:16 am


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