Salt Lake City Probation Violations Attorney

Lawyers for Orders to Show Cause in Salt Lake County

Have you received an order to show cause related to a possible violation of your probation in Utah? If so, you could be facing jail time. However, a skilled criminal defense attorney from Collins Rupp, P.C. can help you as you try to maintain your freedom. Our team has helped many clients successfully defend against allegations of probation violations, and we are ready to put our knowledge and experience to work for you.

Understanding Probation and Orders to Show Cause

If you received supervised probation following a criminal conviction or guilty plea, the judge most likely suspended all or part of a possible jail or prison sentence. In exchange, you are required to follow the terms of your probation as set by the judge, and if you fail to do so, you risk having the original sentence reinstated. The terms of your probation may include avoiding certain places, checking in with a probation officer, regular drug testing, and more. If you fail to live up to the set terms, your probation officer or agency—or the original prosecutor—will file an affidavit with the court that lays out the alleged probation violation. Based on the affidavit, the court could issue an Order to Show Cause.

An Order to Show Cause is essentially an order from the court demanding to know why the alleged violation occurred and why your probation should not be revoked. Put simply, it is your chance to explain yourself and convince the court you do not need to be sent to jail.

Order to Show Cause Hearings

Once you receive an Order to Show Cause, you must respond to it and appear at an Order to Show Cause hearing. At the hearing, the prosecutor will attempt to provide evidence that you violated the terms of your probation, while you and your attorney have a few options for presenting a defense. At an Order to Show Cause hearing, the standard of proof is "by a preponderance of the evidence" instead of "beyond a reasonable doubt." This means that you will be found guilty of a probation violation if the prosecutor shows his or her version of events is "more likely than not" to be true.

Defending Against Probation Violation Allegations

At Collins Rupp, P.C., we know that the circumstances of your case will dictate the most appropriate defense strategy. In some situations, it might be best to acknowledge that you did, in fact, violate the terms of your probation, especially if you feel there was a legitimate reason for doing so. This includes doing something you should not have done and failing to do something you were supposed to do. Acknowledging the mistake and asking for another chance could be the best way to avoid being sent to jail.

The other primary defense option is to challenge the prosecutor's assertion that you violated your probation. While the burden of proof is on the state—in the person of the prosecutor—it will probably be in your best interest for you and your lawyer to present evidence and witnesses that support your position. Your attorney can help you determine the option that will give you the best chance of success in your case.

Call 385-777-2753 for a Free Consultation

If you have been accused of violating the terms of your probation, contact the office of Collins Rupp, P.C. today. We will do everything we can to help you avoid being sent to jail so that you can continue to live your life. Call 385-777-2753 to schedule your free consultation.