After being sentenced to probation, you should quickly complete all of the special terms and conditions so that your probation can be terminated early. If you are accused of violating probation, then a warrant can be issued for your arrest so that you are brought back before the court for a show cause hearing on the allegation that you violated probation.
To revoke probation after the show cause hearing, the trial court must find a violation of the probation agreement by a preponderance of the evidence. The trial court must also find by a preponderance of the evidence that the violation was willful and was not the result of circumstances beyond the probationer's control.
Many people are surprised to learn that even a single violation of probation, such as the failure to pay costs or a fine, is legally sufficient to support a probation revocation.
Overview of Violation of Probation in Utah
What Happens after a Violation of Probation in Utah
Types of Probation Violations in Utah
Probation Conditions for Sex Offenders
Procedural Requirements for a Violation of Probation Hearing
Collateral Consequences of Probation or Parole Revocation
Additional Resources
Attorney for a Violation of Probation in Salt Lake City, UT
If your probation officer intends to file an affidavit showing that you violated probation, then contact an experienced criminal defense attorney in Salt Lake City, UT. Your criminal defense attorney might be able to help you come into compliance with the outstanding terms. Alternatively, your attorney might be able to help you find defenses that are unique to your case.
After you are charged with the violation of probation, your attorney can help you review the affidavit from your probation officer that explains the alleged violations. At the initial hearing, you must either admit or deny the allegation. If you admit the violation, your attorney can help you explain why the violations occurred. If you deny the violation, then your attorney can help you fight the allegations at the hearing.
Our attorneys can help you find out what probation violation consequences might attach to your case. If a warrant for your probation violation has already been issued, then call us to find out what you need to do right now. We help clients during an order to show cause hearing in front of the judge.
What Happens after a Violation of Probation in Utah?
In some cases, it makes sense for the court to sentence a person to probation instead of sending them to jail or prison. Courts will typically sentence someone charged with a misdemeanor to probation for 12 months. A person charged with a felony can be sentenced to probation for a much longer period of time.
During the time a person is placed on probation, the person must comply with certain standard conditions. Those standard conditions can include meeting with their probation officer once a month, paying a fine, paying cost of supervision, submitting to random drug testing, or avoiding any new law violations.
The court might also include special conditions targeted to that specific case such as completing counseling or performing community service.
To prove a violation of probation during a hearing, it must be shown that the violation was both willful and substantial. If the court finds that a person violated probation during a hearing, the court can typically impose any sentence that it could have originally imposed.
Types of Probation Violations in Utah
The most common types of probation violations include
failing to pay monetary obligations such as a fine, court costs, or restitution;
failing to report to the probation officer once a month or when required;
moving to a new location without permission from your probation officer (sometimes called "absconding");
failing to complete counseling such as DUI school, anger management classes, or drug counseling;
failure to complete special conditions of probation such as performing community service;
testing positive for using illegal drugs during a blood or urine test.
Your criminal defense attorney can help you understand the requirements and standards probationers must follow.
Probation Conditions for Sex Offenders
In Utah, probation requires compliance with several standard conditions that all probationers must follow. The conditions are enhanced for individuals placed on sex offender probation who are supervised even more closely and held to higher standards.
Utah's criminal justice system has established Group A conditions, Group B conditions, and Group C conditions. The differences in the groups depend on the nature of the underlying charges including:
Sex Offender A Program - for sex offenses involving a minor victim;
Sex Offender B Program - for sex offenses involving an adult victim; and
Sex Offender C Program - for age-related unlawful sexual activity such as sexual activity with a minor or with a 16- or 17-year-old.
Some types of probation in Utah have Electronic Monitoring Program Conditions that apply.
Procedural Requirements for a Violation of Probation Hearing
In probation revocation proceedings, notice of the claimed violations is required to ensure that defendants receive the minimum requirements of due process. For example, the failure to provide such notice of the probation violation only constitutes reversible error when lack of notice is prejudicial to the defendant.
Other due process requirements for misdemeanor and felony probation violation hearings include:
the court must hear testimony or view evidence submitted in open court during a hearing;
the alleged violation must be willful and substantial;
the violation of probation must be proven by a preponderance of the evidence (the "more likely than not" standard); and
the person accused of the violation had an opportunity to testify, present evidence, and question the witnesses that testified against him or her.
Collateral Consequences of Probation or Parole Revocation
Violation of probation can lead to more issues in the future. For example, several collateral consequences occur with a probation or parole revocation including:
the use of the revocation as ‘prior history’ in future contact with the legal system;
the Adult Probation & Parole Office (AP&P) uses probation revocations as an “aggravating factor” in the sentencing recommendation matrix;
the state regularly refuses plea offers or offers of probation to defendants with probation revocations; and
the person might be unable to qualify for a reduction of the degree of his or her offense under Utah Code section 76-3-402.
Additional Resources
UDC Adult Probation & Parole - Learn more about the role Adult Probation & Parole (AP&P) plays in Utah’s criminal justice system. AP&P agents not only supervise probationers to ensure compliance with the special conditions of probation, they are also given the task of helping the probationer find housing, employment, education, training, and counseling. Utah's Adult Probation & Parole system is divided into five regions that cover the state.
Salt Lake County Probation Services - Learn more about misdemeanor probation supervision. The supervision fee is $30 per month. Additional fees are charged for other services ordered by the court including an ignition interlock device, treatment, classes, or alcohol / drug testing.
Finding a Lawyer for Violation of Probation Show Cause Hearings in Utah
If you were charged with violating your probation in the State of Utah, call us to learn more about your rights. Our attorneys understand the substantive and procedural rules that apply to probation violations in both felony and misdemeanor cases.
Our criminal defense attorneys also help clients accused of not complying with the terms of the Interstate Compact Waiver and Agreement if the probation is being served outside the state of Utah. In many of these cases, the probationer is considered to be a fugitive and can be brought back to Utah through an extradition process.
We can help you understand how the sentencing guidelines might apply to your case after a warrant is issued for your arrest after a probation violation. Call us to find out more at (801) 532-5297.
Criminal Defense — Utah
Frequently Asked Questions: Probation Violations in Utah
1What happens if I violate my probation in Utah?
If the court finds probable cause that you violated a term of probation, it issues an Order to Show Cause. This legal mandate requires you to appear before a judge to explain why your probation should not be revoked, modified, or extended. Under Utah Code § 77-18-108, if the judge finds a violation occurred, the court may:
Continue, reinstate, or extend probation: Probation can continue for all or part of the original term. Extending it requires a hearing and a finding of a violation (or your waiver of the hearing), and total probation time on a sentence cannot exceed the maximum sentence.
Modify: Impose new requirements, such as electronic monitoring, treatment, or increased drug testing.
Revoke and incarcerate: Order a period of incarceration, or execute the sentence that was previously imposed and suspended. Time you already served in jail on the case counts toward that sentence.
The probation clock is tolled once a violation report is filed or an order or warrant is issued.
2What are the most common types of probation violations?
In Utah, violations generally fall into two broad categories: technical violations and new criminal conduct. A violation is alleged in a sworn affidavit or unsworn declaration that describes specific facts showing you broke a term of probation (Utah Code § 77-18-108). Common examples include:
Technical: Failing to report to Adult Probation & Parole (AP&P), failing a drug test (urinalysis), failing to pay court fines and restitution, missing court-ordered therapy or community service, or violating travel restrictions.
New criminal conduct: Being arrested for a new misdemeanor or felony offense while on probation.
An Order to Show Cause (OSC) hearing is an evidentiary hearing where the court determines whether you violated your probation. Under Utah Code § 77-18-108, the order must be served on you at least five days before the hearing, state the time and place, and tell you about your right to counsel (appointed if you are indigent) and your right to present evidence.
Unlike a criminal trial, where the standard is beyond a reasonable doubt, a probation violation generally only needs to be proven by a preponderance of the evidence, meaning it is more likely than not (51%+) that the violation occurred. Utah courts also generally require that the violation was willful. At the hearing you will be asked to admit or deny the allegations. If you deny them, the prosecutor must present evidence. You may have an attorney, question the people whose information the allegations rest on (unless the court orders otherwise for good cause), call witnesses, speak on your own behalf, and present evidence, including mitigating evidence.
If the allegation is unpaid fines or restitution, the prosecutor must show that you knew of the obligation and failed to pay as ordered. If you oppose the order in writing and present evidence that you were unable to pay, the prosecutor must also show that you had the ability to pay.
4Can I go to jail for a first-time probation violation in Utah?
Yes. While AP&P and judges often use graduated, evidence-based responses for minor first-time technical violations, a court that finds a violation has the legal authority to order incarceration, including executing the original sentence (Utah Code § 77-18-108).
Jail can also come before any hearing. Under Utah Code § 64-14-205, AP&P may place a 72-hour hold (excluding weekends and holidays) on a probationer it supervises when there is probable cause of a violation, and it must do so when there is probable cause that the conduct was a violent felony or a qualifying domestic violence offense. AP&P cannot detain you, or have a county jail detain you, for longer than 72 hours without a warrant or order from the court. If the first violation involves a new violent crime or a complete absconding (disappearing) from supervision, the court is significantly more likely to revoke probation and order incarceration.
5Do I need a lawyer for a Utah probation violation hearing?
You have the right to be represented by an attorney at the hearing, and to have one appointed if you are indigent (Utah Code § 77-18-108). Having an attorney is highly recommended because the burden of proof is lower than in a standard trial. An experienced defense lawyer can argue that a violation was not willful, such as when it resulted from circumstances beyond your control, and can challenge whether the State can prove the allegations at all. A lawyer can also negotiate for alternative evidence-based responses, such as additional treatment, rather than a return to custody.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
