Probation is often treated as an alternative to jail, most often in cases in which a judge determines that the crime that was committed should be taken seriously but is not severe enough to deserve time in jail. During probation, the defendant will face the loss of certain freedoms and will be expected to uphold a certain standard of behavior. People that are on probation may wonder about the information that probation officers share with police after their probation meetings. Essentially, probation officers will only share information that shows that they violated the conditions of their probation. Continue reading for more information about what happens during probation and how Salt Lake City probation violation lawyer Darwin Overson and the team at Overson Law can represent defendants throughout every step of their probation.
Ways You Can Violate Probation in Utah
The severity and past criminal history of a person that commits a crime in Utah determine whether or not they will be put on probation. When entering into probation, it’s important for defendants to understand the conditions of their probation so that they can avoid violating it. Defendants should also have an understanding of the penalties they can expect to face if they violate their probation and the different types of probation that they may be granted. It should be noted that if all of the conditions of probation are adhered to, you may be eligible for early termination of probation.
If you say something to a probation officer that violates the conditions of your parole, they will share it with the police. The conditions of your probation will depend on your conviction and the circumstances surrounding your offense. The possible ways that a defendant can violate probation in Utah include:
- Truthfulness – Making a false statement to your probation agent is a violation of probation. The false information that you share with them will be shared with law enforcement.
- Reporting – When Utah residents are on probation, they must inform probation agents about any changes to their residence and request permission to leave Utah for any reason. Failing to report this activity is a type of probation violation.
- Conduct – People that are on probation must adhere to all municipal, state, and federal laws, as well as court orders. Getting arrested for any reason is an automatic probation violation.
- Home visits and searches – People that are on probation must permit probation and parole officers to visit their home, job, and other locations in which they spend a lot of time. During these visits, agents will determine whether you are abiding by the conditions outlined in your probation. Obstructing or dissuading agents from visiting your home, job, or other location is considered to be a violation of probation. Probation agents may also perform searches of your home, vehicle, property, or person while you are on probation.
- Employment – People that are on probation must maintain full-time (at least 32 hours per week) employment; any changes in employment status must be reported to your probation officer.
- Drug testing and chemical analysis – It’s not permitted to use, possess, produce, or distribute controlled substances while on probation. Probation agents maintain the right to administer drug tests to people that are on probation to ensure that they are not using controlled substances. Failing a drug test is a violation of both probation and drug possession
- Weapon possession – Probation prohibits the ownership and possession of weapons, including firearms, explosives, crossbows, and other items that can cause serious injuries. It is also not permissible to live with a person that owns a weapon.
- Association – While on probation, it is not permitted to make any contact with any person that has been convicted of a felony. Certain exceptions can be made, however, with approval from a probation agent.
There are other specific probation conditions that vary depending on the circumstances surrounding your offense. If, for example, you have faced DUI charges, a condition of your probation may be that you must install an interlock alcohol ignition device. Other special conditions of probation may be substance abuse treatment, paying criminal restitution, or serving a certain number of community service hours.
Types of Probation in Utah
There are two types of probation in Utah: court criminal probation and supervised criminal probation. In court criminal probation, the court monitors your progress in accordance with sentencing terms that are issued by the court. There is no financial cost associated with this type of probation. To monitor your progress, you will have a court review hearing every few months, but meetings with a probation agent are not required. People that have been convicted of felonies are not eligible for this type of probation.
The other type of probation that is available in Utah, supervised criminal probation, is more severe than court criminal probation. During this type of probation, the person who has been convicted will be assigned a probation officer who will monitor their progress and adherence to the conditions of their parole. This type of probation does require a financial commitment. It is available for people that have been convicted of certain types of misdemeanors and certain types of felonies.
Salt Lake City Probation Violation Attorneys Offering Free Consultations
Don’t waste time worrying about what probation officers tell police following your meetings. Get in touch with a Salt Lake City criminal defense lawyer from Overson Law to learn more about how you can use representation during your probation or to set up a free and confidential consultation. Call (801) 758-2287 today.