Misdemeanor Jail Time in Utah
Can a person be ordered to serve more than a year in jail on
a misdemeanor?
Utah Code 76-3-204 establishes that the maximum period of incarceration
(jail time) that a court can impose as a sentence on a
misdemeanor
charge is one year. If you are facing new charges or a claim that you violated probation, having the assistance of an
experienced criminal
defense attorney is critical.
Contact us today to see how we can help.
Can extra time be added for a probation violation?
Under Utah law, jail time should not be imposed as an independent punishment for a misdemeanor
probation
violation; instead it should be credited as time served toward the maximum sentence for the original conviction.
Felony
probation violations are treated differently than those involving only
a misdemeanor case, and can involve up to a year jail as a condition of
probation. But in misdemeanor cases, Utah Code 76-3-204 establishes the
maximum term of incarceration - "[i]n
the case of a class A misdemeanor, for a term not exceeding one year."
The maximum punishment that a court may impose for violating probation
is the imposition of the
suspended portion of the sentence that was originally ordered (assuming
that probation is revoked
and not just modified).
What about contempt?
"Contempt" involves some
principles similar to those involved in a probation order to show
cause, but it is different than a
criminal probation violation. Some justice courts are still known
to add "contempt" as an additional "charge" in the case when the
defendant's conduct really
should be treated as a probation violation. Utah law does allow in some
circumstances for a criminal charge of contempt to be filed. But in
most cases, a violation of the terms of probation should lead instead
to an
order to show cause.
Why do some prosecutors argue for more jail time?
Confusion
sometimes arises under Utah Code 77-18-1(11)(a)(ii), which states "Any
time served
in confinement awaiting a hearing or decision concerning revocation of
probation does not constitute service of time toward the total
probation term unless the probationer is exonerated at the hearing."
But the key language in this statute is "time toward the total
probation term." This
subsection refers to the running of the total probation term, and
provides that a defendant is not entitled to credit toward the
probation term for time
they spend in jail waiting for an order to show cause. In other words,
if you get locked up on a probation violation and the probation period
would have expired while you were waiting for the OSC hearing, the
court does not lose jurisdiction because that time doesn't count
against the probation term unless the court finds that you did not
violate probation.
The above-noted interpretation is further supported by the following subsection
(iii), which states "Any time served in confinement awaiting a hearing
or decision concerning revocation of probation constitutes service of
time toward a term of incarceration imposed as a result of the
revocation of probation. . . ." In other words, time spent in jail
waiting for your OSC does count toward the maximum jail term.
If further support for this interpretation is needed, subsection (12)(e)(iv) states "If the
defendant had, prior to the imposition of a term of incarceration or
the execution of the previously imposed sentence under this Subsection
(12), served time in jail as a condition of probation or due to a
violation of probation under Subsection(12)(e)(iii), the time the
probationer served in jail constitutes service of time toward the
sentence previously imposed." In other words, jail time served on OSC's
gets credited toward the sentence that was originally imposed.
What if there are multiple misdemeanor charges in the case?
In cases involving multiple misdemeanor charges, a judge may impose
consecutive jail terms that could result in more than a year in jail.
But for a single misdemeanor conviction, the maximum jail time is still
one year.
What about felonies?
As noted above, felonies are
different. In a felony case, a sentencing judge has the option of
sending a person directly to prison ("forthwith") or suspending the
prison term and placing the person on probation. If prison time is
suspended, then subsection (8)(a)(iii) provides that a person
"on probation for a felony offense [can be ordered as a condition of
probation] to serve a period of time, not to exceed one year." But that
applies felony cases where prison time has been suspended - not a
misdemeanor
case. The maximum jail term for a single misdemeanor is still one year
- including time spent in jail for a probation violation.
Choosing a Utah Criminal Defense Attorney

If
you are facing criminal prosecution for a felony or a misdemeanor offense in Utah,
choosing
the right criminal attorney to handle your case is one of the most important decisions you will have to make. With
experience defending
cases ranging from capital murder to
DUI,
and virtually everything in
between, we have the
skill, knowledge, and tenacity needed to help you get the
results you need.
The consequences of a criminal conviction can be serious.
Contact
us today to see how
the right
criminal defense
attorney can help you.