Q: The officer would not take my wife's statement of what she witnessed because she is my spouse. Is the officer correct?
I received a citation for simple assault in Ohio
A: How an investigation proceeds is to a certain extent up to the discretion of the investigating officer. While there can certainly be arguments about partiality, if your wife witnessed the incident then she may be called upon to testify later. (Either as a defense or prosecution's witness). Speak with your defense attorney. They may want to interview her sooner rather than later to document her observations.
A: Police don't have to take anyone's statement. That said, it seems like bad police work that could be exploited in your defense. Additionally, your attorney will want to talk to your wife and produce a statement for the prosecutor and potentially call her as a witness should the matter proceed to trial.
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