If you committed a misdemeanor crime in Utah, you could receive the benefit of a probation sentence. Such sentencing, allows defendants to avoid jail or prison time, depending on the extent of their alleged crime. However, violating probation can carry dire consequences that can alter the course of a probationer’s future. Penalties can be even harder for those who have already been given another chance after a previous probation violation.
Dealing with a second probation violation can be hard, and you should consider seeking the assistance of an experienced criminal defense lawyer. Our Salt Lake City probation violation lawyer Darwin Overson of Overson Law has handled multiple probation violation cases in over 15 years or practice. Darwin further explains probation sentences and consequences of probation violations.
When Can I Get Probation in Utah?
Probation is a sentence granted to a person who has been convicted of a crime that allows them to avoid jail time. However, not all types of crimes qualify for probation. Furthermore, a person under probation must follow all of the court’s instructions and rules that apply to their conviction. For instance, a judge may impose a condition that the defendant must comply with related to their offense, e.g., random drug screening for drug charges or anger management classes for assault charges.
Some of the conditions a judge may impose over a defendant’s probation sentence may include community service, participation in rehabilitation programs, and regular meetings with a probation officer. The amount of time a person will remain under probation will depend on the type and extent of the crime committed. Additionally, every state may have different rules about how long should a probation sentence should last. In the state of Utah, probations can range from 12 to 36 months, depending on the extent of the offense.
As a general rule, probation is granted in most misdemeanor cases. A defendant will typically face one out of two different types of probations. Court criminal probations are a more flexible kind of sentencing since it only requires appearing at court hearings once every couple of months, provided you follow court-issued rules. On the other hand, supervised criminal probation involves periodic meetings with a probation officer assigned to the probationer by Utah’s Adult Probation & Parole System or a private supervising agency.
Frequently, people tend to confuse the term probation with parole. Parole, while similar to a certain extent to probation, is a conditional release granted to a person serving a prison sentence to allow them to finish their prison term early and move on to supervision outside of prison. Probation, on the other hand, allows a person to avoid setting foot in a jail or prison in the first place. Probationers who have complied with the majority of rules imposed by the court may have the opportunity to present a motion for early probation termination through an open court hearing.
What Are the Penalties for a Second Probation Violation?
As stated, probation requires compliance to ensure the probationer avoid jail time. Once the court grants probation, is up to the defendant to uphold their end of the bargain. Violation of probation may lead to severe consequences, including facing jail or prison time.
For instance, a first probation violation will likely result in penalties such as an increase in your probation sentence and fines. However, incurring in a second probation violation may lead to additional, harsher penalties. Some of the common reasons for violating probation include the following:
- Missing check-ins with the parole officer
- Not performing community service
- Not participating in rehabilitation programs
- Committing any crime while on probation
If you committed a second probation violation, you would be requested to appear in court where prosecutors will try to demonstrate you indeed committed the alleged breach. To prove their case, the prosecution will need to show “by a preponderance of the evidence” that you committed a violation. Penalties for a second probation violation include, but are not limited to the following:
- Extension of your probation time
- Additional probation conditions
- Probation repeal and incarceration
These penalties are far from being the only consequences a probationer may face for violating the terms of their probation sentence.
Salt Lake City Criminal Defense Lawyer for Probation Violation Cases
If you or one of your family members faces probation violation charges, you have no time to waste. The earlier you consult with a Salt Lake City criminal defense lawyer, the better your chances of fighting your violation. Darwin Overson of Overson Law will aggressively fight for your rights and will make sure you get high-quality legal representation. Though based in Salt Lake City, we pride ourselves on representing defendants across the state of Utah. To learn more about your case in a free, confidential consultation, call our law offices today at (801) 758-2287.