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When a judge places you on probation you feel relieved but probation is not easy and your worries are not over. Probation means evaluations, counseling, drug testing, reporting to the probation officer and jumping through whatever hoops your probation officer decides to impose. Judges believe they have given you a break so they are not sympathetic towards you when your probation officer decides you are not In compliance with probation.
If your probation officer thinks you have violated your probation they will inform the judge of your alleged violation and they will ask the judge to schedule an Order to Show Cause as to why your probation should not be revoked and the original sentence imposed. At that point you will need a lawyer to help you through the Order to Show Cause process.
You have rights! You have the right to have a lawyer represent you. Did your probation officer ask you to extend your probation period by a waiver? Did you consult a lawyer before you signed the waiver? Was your probation violation an intentional and knowing violation or did it occur for reasons beyond your control. There are many issues with probation and the law is complicated. Utah Code § 77-18-1 is the law that controls probation. If you looked up this law you would find it is six pages long with many provisions which can be interpreted in different ways. You need a lawyer to understand it because it is so complicated. You need a lawyer to argue for you so that you don’t have the original sentence imposed. For example if you violate your probation what can happen. The judge can revoke, modify, continue or reinstate you probation. What does that all mean and what are the consequences to you?
Call Paul Grant to help you navigate this complex part of the criminal justice system.
If you have any inquiries about our process or need legal help with any criminal litigation, contact our office today.