Understanding Probation Violations in Salt Lake City

 Posted on February 09, 2023 in Criminal Defense

As you may be aware, probation is a privilege granted to individuals convicted of a crime but have been allowed to serve their sentences outside of jail or prison. Probation is a form of community supervision and comes with certain conditions that the individual must abide by. In Utah, probation violations are taken very seriously, and individuals who violate their probation could face consequences ranging from additional fines to incarceration. Today, we will discuss everything you need to know regarding probation violations in Utah.

If you have possibly violated your probation, strongly consider hiring a knowledgeable probation violation attorney who will work to ensure you understand your rights and have the proper guidance moving forward to avoid being sent back to prison or incurring costly penalties.

What Are Common Probation Violations in Utah? 

In Utah, the most common probation violations include the following:

• Failure to report to a probation officer
• Failure to pay fines or restitution
• Possession of drugs or firearms
• Failure to attend counseling or treatment
• Failure to maintain employment
• Associating with known criminals

What Is an Order to Show Cause in Utah?

An Order to Show Cause hearing in Utah is a court proceeding when an individual is accused of violating their terms of probation. The hearing is usually initiated by the probation officer or the prosecuting attorney who files a petition with the court alleging the individual has violated the conditions of their probation. The petition typically includes specific allegations of probation violations and requests that the court act against the individual. The Order to Show Cause hearing is a critical moment in the probation process as the outcome of the hearing can have severe consequences for the individual. The purpose of the hearing is for the court to determine whether the individual has violated the conditions of their probation and, if so, what the appropriate consequences should be.

At the hearing, the individual has the right to be represented by an attorney and to present evidence to refute the allegations against them. The court will consider the evidence presented by the probation officer and the individual and decide on whether the individual violated their probation and what the appropriate consequences should be. It is essential to understand that during an Order to Show Cause hearing, the standard of proof is “by a preponderance of the evidence” rather than “beyond a reasonable doubt.” Therefore, if the prosecution can show that you, more likely than not, did violate the terms of your probation, you will likely be found guilty of violating your probation.

Contact a Salt Lake City Probation Violation Defense Attorney

If you have been accused of violating your probation, do not hesitate to contact the astute Davis County probation violation defense lawyers at Collins Rupp, P.C.. Call 385-777-2753 for a free consultation.

Source: 

https://le.utah.gov/xcode/Title77/Chapter18/77-18-S108.html