Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Take the first step in securing a successful defense.
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Utah Probation and Criminal Defense Attorney

Is there a statute of limitations on probation violations in Utah?

The time requirements for filing a probation violation in Utah are different from the requirements for filing regular criminal charges. An ordinary statute of limitations sets time limits during which a criminal legal action must be filed. Under the Utah criminal code, the statute of limitations for most misdemeanors requires that charges be filed within two years of when they occurred. The statute of limitations for most felonies requires that charges be filed within four years of when they occurred. 

These statutes of limitation do not apply to probation violations. Instead, Utah law generally requires that action must be taken on a probation violation during the probation term. Most often, this will involve the filing of or a request for issuance of an order to show cause, or the issuance of an arrest warrant by the probation court.

If you have been charged with a crime or have a pending probation violation or order to show cause, the assistance of an experienced criminal defense attorney is vital. Based in Salt Lake City, Stephen Howard offers legal services to clients throughout Utah. Contact us today to arrange for an initial confidential consultation.

Tolling the Probation Period in a Utah Criminal Case

Once the original time period for probation has expired, the case normally will be closed automatically and the court will lose jurisdiction over the case. But under Utah law, if the prosecutor or probation officer have filed an affidavit supporting an order to show cause or if the court has issued an arrest warrant for a probation violation, the court can retain jurisdiction indefinitely. If such action is taken during the probation period, the period is considered to be "tolled" (put on hold), and the court retains authority to enforce probation conditions or punish a violation of probation.

Consider the following hypothetical scenario. Assume a defendant was placed on probation on January 1, 2001, for a period of 12 months. Assume next that police found marijuana in the defendant's possession on December 30, 2001. Assume also that police did not report the marijuana possession to the prosecutor or judge until January 5, 2002. Under these circumstances, the period of probation had already expired on January 1, 2002. Because the probation period had already expired, under Utah law, the prosecution would be barred from proceeding with an order to show cause, and the case would be closed.

Consider, however, the following. If in the above hypthetical situation, police had promptly reported the marijuana possession to the prosecutor immediately on December 30, 2001, and the prosecutor had filed an affidavit supporting an order to show cause on December 30, 2001, the court could issue an arrest warrant based on the allegations that the defendant had violated the terms of probation. In this modified scenario, the period of probation would be tolled. This means that even if it took a year or more to locate the defendant, serve the warrant, and bring the defendant before the court, the court would retain jurisdiction over the case. If it were determined that the defendant had in fact violated the terms of probation, the court would have authority then to revoke probation and impose the original sentence, extend probation for additional time, modify the terms of probation, or other appropriate sanctions or remedies as determined by the court.

Exceptions for Failure to Pay Fines or Restitution

Under Utah Code 77-18-1, a court may retain jurisdiction even after the original probation term has expired, for the limited purpose of collecting the outstanding amounts owed. Other conditions of probation may not be enforced under this provision, such as community service, treatment, counseling, or drug testing. But the court may use the contempt power (which includes the power to order jail time) to enforce the payment of fines or restitution.

Finding a Criminal Attorney in Salt Lake City, Utah

Utah Criminal LawyerIf you are facing an order to show cause for a probation violation, you could potentially be facing serious consequences.  As a Utah criminal defense attorney based in Salt Lake City, Stephen Howard has a track record of achieving real results for his clients.

Contact us now to schedule an initial consultation.

RELATED QUESTIONS:
What is the misdemeanor statute of limitations in Utah?
What is the statute of limitations for felonies in Utah?
How long does it take to get an expungement in Utah?


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences - Utah Criminal Defense

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....

Consequences »
Criminal Defense Attorney in Utah - Reasons to Hope

Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.