Assault Tips

that if a police officer investigating a domestic incident believes there is probable cause that an assault has occurred, the officer will arrest the person believed to be the aggressor. The officer can make the arrest even if the officer did not observe the incident, and officers often make arrests even if the parties involved provide differing testimony. I have handled many cases in which the police officers were not entirely sure who the aggressor was but had to make an arrest regardless.

to any other witnesses and the police can be used against you. No one involved is required to talk to the police, and you can refuse to answer any questions you do not want to answer. Always be polite and courteous to the police officers, even if you are upset.

do NOT discuss anything about the incident, and refrain from discussing anything other than getting out of jail and hiring an attorney. Many jail conversations are recorded and can be used against you. Even a simple apology can later be construed by the prosecution as a confession.

If so, obtain a copy and read it carefully to avoid violating any of the terms. Sometimes any communication whatsoever with the alleged victim can be forbidden, and any violation can result in another arrest and additional charges. Your conditions of bond may contain similar restrictions, and violating those conditions can result in your bond being raised or revoked entirely.

the prosecutor may refuse to do so. However, most prosecutors will consider the wishes of the alleged victim. The prosecutor's office will contact the alleged victim by phone or mail, and the alleged victim can respond or not respond if he or she chooses. What the alleged victim tells the prosecutor's office may very well determine the direction the prosecutor takes the case.