Serving Jail Time to Close
Probation in Utah
If a prosecutor or
probation officer is willing to recommend either a short jail term to
close a Utah probation case or, alternatively, reinstating or
restarting probation for the original time period, which is the better
option?
The answer to this question may depend on whether a person
is thinking about the long-term or short-term effects of the criminal
case. For some people, the idea of serving a week in jail and having
the case closed may sound appealing when compared with the alternative
of restarting the probation period and being supervised for another
12-36 months. While a week in jail may seem like a quick and easy
solution, it can cause problems later on.
To really understand your options, and the potential consequences, you
should consult with an experienced
criminal
defense attorney. But the following hypothetical
example may provide assistance in understanding some of the
issues involved.
A person is convicted
for a third-degree felony charge. The judge
enters a sentence, suspending the 0-5 year prison term and placing the
defendant on probation for a 36-month period. After
two years on
probation, AP&P reports to the court that the defendant has
violated the terms of probation, and the court issues a warrant and an
order
to show cause.
At the hearing on the order to show cause, the defense attorney
negotiates with the prosecutor, and the prosecutor agrees to either
recommend re-starting probation for an additional 36 months, or closing
the case out unsuccessfully with a week in jail.
This scenario provides two contrasting alternatives: an additional
three years of supervision from AP&P and the department of
corrections, or a relatively short period of jail time. The second
option gives the defendant a quick end to the case, but is in some ways
the "easy way out." The first option requires more time and more work
on the part of the defendant. But it also gives the defendant an
opportunity to complete probation successfully.
A successful completion of probation can be important if a defendant
will later benefit from a "
402
reduction" in the level of conviction. While former versions
of Utah Code
76-3-402
required a person to complete probation without any violations, the
current version (as of 2015) of the statute requires instead that
probation be completed successfully.
A 402 motion is commonly used to reduce a felony conviction to the
misdemeanor
level. A 402 reduction can often be used to shorten the
waiting period for an
expungement.
A 402 reduction can also, in some cases, restore eligibility for
expungement.
While it may be tempting to look for the fastest way to get out of the
criminal court system, it is important to keep in mind the lasting
impacts that a felony criminal conviction can have on a person's life .
. . even many years later. The assistance of an experienced
criminal
defense attorney can be vital in making the best decision.
Finding a Criminal Lawyer in Salt Lake City, Utah

Stephen Howard is an experienced
Utah
criminal attorney. He has
successfully protected his clients' rights in thousands of serious
felony and misdemeanor cases. He has obtained 402 reductions and
expungements for clients in a wide variety of cases.
Based in Salt Lake City, Mr. Howard provides legal services to clients
throughout Utah.
Contact us today for
an initial consultation.
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