Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
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

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

Criminal Defense Utah AttorneyStephen 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.

RELATED CRIMINAL DEFENSE TOPICS


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 - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • 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 to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

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.