Skip to main content

Order To Show Cause - Violation of Probation

If you failed to follow a condition of probation, you will receive a notice to appear for an Order to Show Cause hearing. This article will help you know what to expect, and what to do in Utah.

Order to Show Cause: What to Expectorder-to-show-cause

You will will have certain conditions you will need to comply with as a result of probation. You almost always will have to pay a fine, and not violate any further laws. Depending on the type of conviction, you may need to get an evaluation for drug, alcohol or domestic violence treatment. This is not an exhaustive list, and you should refer to your probation agreement for further requirements.
After your conviction, you were, at some point, sentenced to do certain things. You may have heard the judge say that you were being sentenced to pay $1500 and serve 180 days in jail. You may have also heard the judge say that he is suspending all but $600 dollars (for example) and all 180 days in jail. What this means is that as long as you were successful on probation, you would not have to serve any jail time and would not have to pay more than $600.
If you did not pay your monthly fine payments, or had another criminal charge brought against you, you are now at risk for having to pay the full fine and up to 180 days in jail as per your sentencing. When you go to your hearing, you should expect the judge to want to hear a good reason for your violation.

Violations of Your Probation: What to do

At an order to show cause hearing, the court will have told you what sections of your probation they believe were violated. Before you go into court, you'll want to make sure that you have gathered any evidence you may have, to refute any claim that you violated probation. If you paid your fine, but they claim you did not, bring proof of payment. If you did treatment, but they claim you did not, get a certificate from your provider.
What do you do if you really didn't complete a part of your probation? My best advice is to consider why. You'll have an opportunity to explain yourself at the hearing. Now is the time to talk about what has been going on in your life, the efforts you've made, and the successes you've had. You need to do so convincingly, with as little extraneous detail as possible.
You should consult with us before you attend any order to show cause hearing. With competent representation, you can often have your probation extended without having to go to jail. Sometimes, you may be able to avoid any negative repercussions, depending on circumstance.
Call Us Now!
801-810-9136
www.solonlegalsolutions.com

Comments

Popular posts from this blog

Thoughts on a Right To Remain Silent

I recently had the opportunity to do a preliminary hearing for a woman who was charged with obstruction of justice. The charge was dismissed with prejudice because the a local city with an infamously incompetent police force improperly charged her. I had several thoughts after this victory, ranging from how great my performance was, to how significant my mistakes were in spite of my victory. I'll go over what I felt I did right and wrong in the hopes that it will benefit some other attorney, or myself, at some point. What Happened A woman was charged with Obstruction of Justice, which is a fairly long statute. The situation was that a police officer came to her home to investigate a crime. Her son had some active warrants, but the police officer didn't know that at the time. The officer had both the son and the woman outside, asking them questions about his investigation. He then asked her for her personal info. Then he asked the son. The son gave the officer incorrect inform…

The Real Reason Your Divorce Costs So Much

You started a divorce, hired a great attorney that was recommended to you, and now costs are ballooning out of control. It's been 9 months and it feels like you're no closer to a divorce settlement than when you started. The reason you're not done is likely for one of two reasons: Your spouse is being unreasonable.You are being unreasonable. No, it's not your attorney. Despite the wide range of talents in the legal field here in Utah, I feel confident in stating that they all are competent in the basic flow of divorce cases and can and want to get you to the finish line (or risk malpractice). Some attorneys are better at negotiation than others, but all of them are likely smart enough to identify a good deal and tell you to take it. It's either you or your spouse, and -- spoiler -- it's probably you. You Should Be More Reasonable If your divorce has stalled, you need to ask yourself why. Take an honest look at everything you're asking for. Are you trying to…

Finding The Best Attorney For Your Money

Choosing the best attorney to represent you is an important decision. You likely have no experience with legal matters and similarly little experience with attorneys. What you already know is that they cost a lot of money. You may have considered handling your legal problems on your own, but found that it was too complicated. So you are now ready to trust your problem in the hands of a professional, but you have no idea what to expect, and what is a worthwhile use of your time. This article will help you find the best attorney for your money: General Things You Should Expect Of Your Attorney 1. The best attorney should be in regular communication. Attorneys work for you, so you should expect that they will keep you in the loop. Your attorney should be regularly contacting you, or letting you know that you will not hear from him for a set time for a specific reason. You shouldn't expect daily contact or contact multiple times per week, but you should be in regular contact with you…