Salt Lake Order to Show Cause and Probation Violation Lawyer
Stephen Howard is a
criminal
defense lawyer in Salt Lake City who has successfully
defended orders to show cause for probation violations in cases ranging
from aggravated robbery to DUI, and virtually everything in between.
When you are facing an
order
to show cause, jail time or
prison can be on the line. Even a single violation can result
in the original suspended sentence being imposed.
What is an order to show cause?
In a Utah criminal case, an order to show cause requires the defendant
to appear in court and show or demonstrate reasons or a "cause" why
probation should not be revoked and the original sentence imposed.
There are several ways to deal with an order to show cause.
How can I challenge the allegations in a probation violation
order to show cause?
When you are served with an order to show cause, you will be given an
affidavit that lists any alleged violations of probation.
Probation
violations can range in severity from committing
new criminal offenses to missing a fine payment. But no
matter what the allegation is, you are entitled to an evidentiary
hearing where the prosecution will be required to prove the allegations
supporting the order to show cause.
An evidentiary hearing on an order to show cause is similar
to a trial in a criminal case in that you have the right to
require the prosecutor to present evidence proving the allegations, and
you have the right to present your side of the story. However, the
order to show cause evidentiary hearing is
different in two key respects. First, the evidence is heard
by and the decisions are made by a judge rather than a jury. Second,
the standard of proof the prosecutor must meet is on
a "preponderance" standard (in other words, better than 50/50) rather
than "proof beyond a reasonable doubt."
If the prosecutor cannot present evidence to support the allegations of
a probation violation, the order to show cause can be stricken. But if
the judge is convinced by the prosecutor's evidence,
your probation may be revoked and the original jail or prison sentence
may be imposed.
What do I do if I think the prosecutor will be able to prove
a probation violation?
It is not always wise to challenge a probation violation order to show
cause and require the prosecutor to do the evidentiary hearing. If the
prosecutor's evidence is weak or you have good
evidence to rebut the prosecutor's evidence, fighting the order to show
cause may be a good option. But if the evidence is sufficient
to support the allegations, you may want to consider a negotiated
resolution to the order to show cause.
When negotiating a resolution to an order to show cause, you will want
to demonstrate that you are addressing the issues or concerns the
prosecutor or court may have. For example, if it is alleged
that you tested positive for a drug test, you may want to show that you
have enrolled in a drug treatment program. If it is alleged
that you have failed to make required fine payments, you may want to
present evidence demonstrating financial hardship. If it is
alleged that you failed to complete required community service, you can
sign up and begin doing community service before your court date to try
to demonstrate your willingness to comply with the court's orders.
Each order to show cause can present a unique set of circumstances, and
can require a unique approach to successfully defend against. Before
deciding how to deal with your order to show cause,
you should consult with an experienced
criminal
defense attorney.
Contact us now to
schedule an initial consultation.

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....
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