Utah Probation Violation Defense Attorney
When you are facing an order to show cause for a Utah probation
violation, the risk of jail or prison time is very real. An
experienced
Utah criminal defense attorney can help give you the best
chance of keeping your freedom. Stephen Howard has defended
thousands of serious
felony charges during his career, and has the
experience to help achieve the results you need.
What is the process of dealing with a Utah order to show
cause?
The Utah order to show cause process for a probation violation usually
begins with an affidavit (a sworn statement) that alleges that you have
violated the terms of your probation.
When you were placed on
probation, the judge "suspended" a certain amount of jail or prison
time, but ordered that you comply with certain
conditions of probation.
If
you
have failed to meet those terms, the supervising probation
agency or prosecutor will prepare an affidavit that makes allegations
regarding either what you did or did not do. The judge will
review that affidavit and determine whether an Order to Show Cause is appropriate.
The term "order to show cause" is a short-hand way to say "order to
show
cause (or a reason) why probation should not be revoked and the
original sentence imposed." Leaving out the legal jargon, the
judge is basically telling you that you better come up with a good
reason why the original jail or prison term should not be imposed.
How can I defend against a Utah order to show cause?
If you are served with an order to show cause for a probation
violation, you will be required to come to court and defend against
it. The most common ways to defend against an order to show
cause
are to either deny the allegations and demand an evidentiary hearing, or admit the allegations but offer
the judge a good reason to give you another chance.
Option 1: Deny the allegation and fight it.
If you deny the probation violation allegations, you are entitled to
have an evidentiary hearing. At this hearing, the prosecutor
is
required to put on enough evidence to convince the judge that you did
in fact violate the terms of your probation.
The burden of proof
in an order to show cause hearing is not as high as the burden in a
jury trial. At trial, the prosecutor has to prove his case
beyond
a reasonable doubt. In an order to show cause, the prosecutor
only has to meet a "preponderance" standard (more likely than not).
If you fight the probation violation allegations and request an
evidentiary hearing, you will have an opportunity to present evidence
supporting your position. You are not required to present
evidence. But since the burden of proof is much lower than it
is
at trial, you may be better off presenting evidence and witnesses to
support your position.
There are a number of procedural rules that apply to an order to show
cause evidentiary hearing. Having an experienced criminal defense attorney to
help
you navigate the system will give you a much better chance of
success.
If
the prosecutor cannot put on evidence to meet the burden of proof or
show that
you
violated probation, the order to show cause will be stricken. If the
prosecutor meets the required burden of proof, the judge may impose the
original jail or prison term.
Option 2: Admit the violation and ask for another chance.
Before deciding to fight the allegations, you should talk to an
experienced Utah criminal defense lawyer. There are times
when
you will be better off admitting the allegations and presenting reasons
why you deserve another chance. Your attorney can help you
make
the decision about which approach is best. If you decide you
are
going to admit the probation violation, you need to be prepared with a
strong argument to convince the judge to give you another
chance.
If the probation violations include failing to do something you were
ordered to do, you need to start working on that thing
immediately. For example, if you didn't do your community
service
. . . find somewhere to begin working on that community service immediately.
If the affidavit alleges that you did something you shouldn't have
done, you will want to take steps to convince the judge that it isn't
going to happen again. For example, if you tested dirty for
drugs, you may want to get involved in drug treatment as soon as
possible.
What are the odds of getting another chance?
Some judges use a three-strikes rule of thumb in determining whether
you will get another chance at probation. But three is often
the maximum, not the minimum number of chances a judge will give
you. Some judges only give you one chance and then send you
straight to jail. Most judges don't have a firm rule on how
many
chances you get. But the more chances you have had, the
greater
the risk that you are already on your last chance.
Whether you have
admitted the allegations or had them proven against you in an
evidentiary hearing, you will get a chance to try to convince the judge
to give you one more chance. But keep in mind
that a judge does not have to give you a second chance at
probation. Even a first order to show cause can land you in jail
or prison. Utah's legal system views probation as a privilege. If you
have
violated the terms of your probation, there is a real risk that the
judge will take that privilege away from you.
Finding a Criminal Defense Lawyer in Utah
Having an experienced
criminal defense attorney on your side becomes critical
when you are trying to get another chance. Based in
Salt Lake City, criminal defense lawyer Stephen Howard offers legal services to clients throughout all of Utah. His
track record includes not guilty verdicts or dismissals in some of the most serious charges on the books in Utah.
Contact us now
to schedule an initial consultation.