It’s a huge break if you get a probationary period rather than a jail sentence. The government may impose restrictions and demands on you, but you can still retain most of your freedom.
Even minor or technical violations of the terms of a probationary period may be treated seriously. Even once, a serious probation violation can result in immediate detention without due process.
Probation violations come with serious implications, including additional legal action. It is advised to seek a seasoned Utah criminal defense attorney after being accused of violating your Probation.
Boyack Christiansen Legal Solutions strongly defends our client’s constitutional rights. Our experienced St. George’s attorney knows the complexities of criminal law and confidently handles every criminal case.
Why Do I Need a Probation Violations Attorney in Utah?
Violating Probation is a serious matter since many things are at stake. Hiring a trusted Probation violations attorney in St George, Utah is advantageous for the following reasons:
Your attorney will make things easier for you. They will simplify the case for you to understand
They know how the criminal law works and the possible defenses in your case
They will represent you on trial to prove your innocence in the district court.
They will fight for you to keep you out of jail.
If you or a loved one has been charged with a probation violation, contact one of our experienced Utah criminal defense attorneys to discuss your choices and possible defenses while avoiding any potential punishment. Contact us now!
What is a Probation Violation?
If you are found guilty of a crime in Utah, Probation might be part of your punishment since it is a stepping stone on the way to jail. However, probationers do not serve their time in jail. Instead, they are permitted to return home with some limits or requirements.
You violate your probation agreement if you don’t follow its guidelines. The length of a probationary period can vary depending on the offense for which you were found guilty, but it typically lasts between one and three years.
Is Probation different from Parole?
The main difference between Parole and Probation is who can receive each type of release. People on Parole complete a portion of their sentence inside bars. However, Probation is usually exempt from prison or jail time.
An individual convicted of a crime and given Probation will immediately return to their community while being supervised by their probation police officer.
They will be required to behave by guidelines comparable to those for Parole and attend routine sessions with their probation officer. Any failure to comply may have additional legal penalties.
What are the Types of Criminal Probation?
Utah has two types of criminal probation:
Court Criminal Probation – When you are placed on court probation, the judge keeps track of how you are doing with the terms of your sentence. You won’t be on court-supervised Probation if you have a criminal conviction.
Contrary to supervised Probation, court probation is inexpensive. Depending on your level of cooperation with Probation, you can have court review hearings every few months.
Supervised Criminal Probation – You may be sentenced to supervised Probation for some misdemeanors in Utah. In this case, you will be given supervised Probation for most crimes by Utah’s Adult Probation & Parole. Some non-governmental, non-private organizations oversee Probation and are paid by the probationer, so it will be expensive.
You will be given a very overworked government parole/probation officer who will be challenging to get a hold of or speak with if you choose supervised Probation. The Utah Department of Corrections, which is in charge of running the state’s prison system, also oversees Adult Probation & Parole in Utah.
The trial court may impose supervised Probation on its own or at the prosecutor’s request. If supervised Probation is necessary, attention is given to the defendant’s criminal history, social connections, rehabilitation, and the seriousness of the accusations.
Potential Conditions of a Utah Criminal Sentence and Probation
The following are examples of potential probationary and criminal sentences after an arrest in Utah:
Fines and a fines payment schedule.
Random drug and alcohol testing
Substance abuse evaluation and treatment follow through..
The accused has no recent arrests or convictions for crimes. The court usually allows one traffic violation or fully excludes all traffic crimes from qualifying as probation violations.
Probation Violation Procedures
In Utah, we have two kinds of violation procedures, namely:
Sentencing and Probation Imposed – You were recently released from jail and are now on Probation, or you were found guilty of a felony in Utah and were sentenced to Probation. This could be court-mandated, supervised, or Probation through Adult Probation & Parole.
Probation Violation Allegations – You are accused of violating your Probation by the prosecution or the court.
What are the Signs That You Violated Your Probation?
If you failed to follow the things mentioned below, that means you violated your Probation:
Failure to pay a fine or restitution sum as directed by the court
being arrested after committing new crimes
Leaving the region covered by your probationary agreement without your probation officer’s consent
missing a meeting with your probation officer
distribution, possession, and consumption of illicit drugs and alcohol
Failure to complete community service hours
New criminal convictions
The court can do the following if it is proven that you violated the probation agreement:
The court can add more strict and harsh restrictions to your probationary terms.
You risk having your Probation terminated and receiving a jail sentence instead.
Your arrest may be subject to a warrant.
Know Your Legal Rights
You have legal rights when you’re suspected of parole violation or Probation:
You must be informed in print of the specific accusations against you.
You were given a chance to accept or reject the accusations against you.
You are entitled to an evidentiary hearing where you can confront the accusatory witness and supporting material. You are still entitled to one if you cannot afford an attorney.
The arresting police officer or your probation officer will usually be called to testify by the prosecutor regarding the suspected probation violation in court. They’ll also bring certified documents of your probation violation’s recent criminal convictions.
Your Probation can be Terminated Early
If your initial probationary period was for 12 months, you could usually request an early end from the sentencing court.
Generally speaking, the following actions are required to terminate your Probation early:
Timely completed any mandatory substance abuse evaluation and treatment recommendations.
Had no probation violations or new convictions or arrests during your probationary term.
Served at least six months of probation incident-free. The time served can vary depending on the conviction and other variables.
Completely or substantially paid off all fines.
Your Utah criminal defense attorney must submit a formal motion describing your history of satisfactory Probation. In some cases, you can persuade the prosecutor to support the request, greatly increasing the chances that the judge will do so. The petition to end Probation early typically requires a hearing, during which the court hears arguments.
We can help you end your Probation early and start a new life. Contact us now!
Utah has strict penalties for breaking Parole and Probation, so they should be properly addressed. The best Utah criminal defense lawyer can help you win or lessen probation or parole violations.
At Boyack Christiansen Legal Solutions, our criminal defense attorney can customize an efficient solution for you, eliminating your legal problems. We are committed to giving legal advice that could change your life.
Reach us now, or visit our law office in St. George, Utah!
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