Probation Violations

utah- probation-violations -attorney-david-laurence-altman-st-george- probation-violations -lawyerFollowing conviction of a crime, the Defendant is usually placed on probation for twelve or more months. The terms of probation vary from one case to another but often include payment of a fine or restitution, completion of a substance abuse screening and any recommended substance abuse programs, agreement to warrantless searches, random drug testing and a catch all provision to “obey all laws.” Probation violations typically occur when you are charged with another crime, fail to complete the substance abuse screening or program, fail a drug test or fail to pay the court ordered fine or restitution. Any probation violation can result in a violation hearing where the judge may revoke your probation and impose jail time.

Utah Code 64-13-21  Excerpt Only:           

(12) (a) (i) Probation may not be modified or extended except upon waiver of a hearing by the probationer or upon a hearing and a finding in court that the probationer has violated the conditions of probation.
            (ii) Probation may not be revoked except upon a hearing in court and a finding that the conditions of probation have been violated.
            (b) (i) Upon the filing of an affidavit alleging with particularity facts asserted to constitute violation of the conditions of probation, the court that authorized probation shall determine if the affidavit establishes probable cause to believe that revocation, modification, or extension of probation is justified.
            (ii) If the court determines there is probable cause, it shall cause to be served on the defendant a warrant for the defendant’s arrest or a copy of the affidavit and an order to show cause why the defendant’s probation should not be revoked, modified, or extended.
            (c) (i) The order to show cause shall specify a time and place for the hearing and shall be served upon the defendant at least five days prior to the hearing.
            (ii) The defendant shall show good cause for a continuance.
            (iii) The order to show cause shall inform the defendant of a right to be represented by counsel at the hearing and to have counsel appointed if the defendant is indigent.
            (iv) The order shall also inform the defendant of a right to present evidence.
            (d) (i) At the hearing, the defendant shall admit or deny the allegations of the affidavit.
            (ii) If the defendant denies the allegations of the affidavit, the prosecuting attorney shall present evidence on the allegations.
            (iii) The persons who have given adverse information on which the allegations are based shall be presented as witnesses subject to questioning by the defendant unless the court for good cause otherwise orders.
            (iv) The defendant may call witnesses, appear and speak in the defendant’s own behalf, and present evidence.
            (e) (i) After the hearing the court shall make findings of fact.
            (ii) Upon a finding that the defendant violated the conditions of probation, the court may order the probation revoked, modified, continued, or that the entire probation term commence anew.
            (iii) If probation is revoked, the defendant shall be sentenced or the sentence previously imposed shall be executed.

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