Posts Tagged ‘probation’

Utah Sex Offender Restrictions for Parole

Oct
30
Utah Criminal Defense Blog, on the topic of  Utah Law
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In Utah, a sex offender is any person (adult or juvenile) who is required by law to be registered as a sex offender due to an offense committed against a person who is 18 years old or younger. When a sex offender is eligible for parole in Utah, there are specific locations he is restricted from visiting.

Photo: Paradigm

What are Protected Areas?

Protected areas include:

• any licensed daycare or preschool facility
• any swimming pool open to the public
• a public or private elementary or secondary school not located on the grounds of a correctional facility
• public community parks
• public playgrounds
• under certain conditions, areas 1000 feet or less from an accuser’s (of the particular sex offender) residence

In order for the last protected area listed to be truly off limits, the sex offender must be:

• on parole for a sex offense
• the accuser or his parent or guardian has requested that the offender be restricted from the area
• the offender has been notified in writing and with a physical description of the restricted area

Penalty for Visiting a Protected Area

Generally, it is a class A misdemeanor for a convicted sex offender to stray into a protected area. There are a few exceptions, however:

• The offender needs to be in a protected area to carry out specific parental duties
• When the protected area is a school building and
• It is opened and being used for a public activity and
• Not being used for a school-related function for people 18 years old or younger
• When the protected area is a licensed daycare or preschool facility and
• Is located within a building used for public purposes, services or functions besides the day care facility and the offender doesn’t stray into the preschool/daycare part of the building

Talk to a Utah Criminal Defense Attorney

If you have legal questions or concerns about any criminal case you’re involved in, whether it’s related to a sex offense or other matter, don’t wait to contact a Utah criminal defense attorney. Let your attorney guide you through the sometimes confusing legal process and help you get your life back on track. Make the right phone call today.

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Failed Burglary in Utah and Probation Violation

Mar
26
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc, Dealing with Police
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When a recent burglary attempt in Utah failed, the criminal–also a parole violator–didn’t give up easily. He entered a private residence, startling someone inside, ran through the house and out into the backyard. Then he allegedly stole a nearby bicycle, but—not surprisingly—didn’t get too far before a police officer caught up with him.

Photo: my_southborough

Look Out For the Taser!

Before he could be taken into custody, the alleged thief was Tasered by the officer. The man, who was wearing an ankle monitor, was apparently also in violation of his probation because he left his home. He has been charged with burglary, escape, theft and interference with an arresting officer. These charges range from class B misdemeanors to second-degree felonies.

Penalties

Keep in mind that the potential penalties for the above charges can be steep, particularly when piled on top of each other. A class B misdemeanor can cost you up to six months in jail, while a second-degree felony might have you on the wrong side of a prison cell for 1-15 years.

Probation Violation is a Crime

Probation violation can be a serious problem, too. When a person commits probation violation, the first thing that happens is a judge holds a hearing to see if the individual truly did break his probation. If the judge finds that there was a violation, then the judge can impose punishment, which could include: sentencing the person to his original prison term, extending probation—basically the judge has a great deal of latitude when it comes to probation violation.

Questions? Call a Utah Criminal Defense Attorney Right Away

If you’re concerned that your legal troubles keep multiplying and there’s no end in sight, it isn’t too late to call a Utah criminal defense attorney. You need a good defense, and it’s the right time to call in an expert. Look for a criminal defense attorney who has a winning reputation and who knows how to get the job done—for you. Make that important phone call today.

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What If I Violate My Utah Criminal Probation?

Jul
30
Utah Criminal Defense Blog, on the topic of  Legal Process, Utah Court
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Utah probation is a privilege extended to a defendant who has been convicted of a crime and is almost always conditional. If you violate the terms and conditions of probation, then a judge can impose the original sentence, which in most cases includes jail or prison time and a fine.

If your probation officer or the Court believe that you have violated probation, then an Order to Show Cause hearing, usually referred to as an OSC, is scheduled. At that hearing it is the prosecutor’s responsibility to provide evidence that the defendant is in violation of their probation by a preponderance of the evidence. Generally however, a defendant will need to present evidence of compliance. For example, a defendant may have completed community service, but proof of that community service did not reach the court, then a defendant may provide proof of community service.

It is also common that a new criminal charge is basis for the alleged probation violation. However, if you beat the new criminal charge, then the probation violation usually disappears. This is why it is very important to aggressively fight every criminal case you have.

You also have the right to hire a utah criminal defense attorney for an order to show cause.

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How Does Criminal Probation Work In Utah?

Jan
25
Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Legal Process, Utah Court
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In Utah, there are two general forms of probation: court probation and supervised probation.

Court probation is appointed by a judge for some misdemeanor offenses and does not require a probation officer. The court simply monitors your probation and determines if you have violated the conditions of probation. The court may track your case to make sure you complete the required counseling or community service, pay the required fine/restitution or any other condition the court has imposed.

Supervised probation requires that you check in with a probation officer. That probation officer may visit your home unannounced or require you to take urinalysis to verify that you are abstaining from the use of drugs and alcohol. It is always advised to maintain a good relationship with your probation officer because they are the person who informs the court if you are in compliance with or in violation of your probation.

Remember that probation is not a right; it is a privilege that can be revoked when the conditions of probation are not met.

It is your right to have a Utah criminal defense lawyer represent you in a probation revocation hearing, which is often refered to an an order to show cause (OSC) hearing. Even if you have violated your probation a lawyer can help explain to the judge the mitigating circumstances surrounding the violations and keep you out of jail or prison.

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What is the difference between probation and parole in Utah?

Sep
08
Clayton Simms, Criminal Defense Attorney, on the topic of  Legal Process, Utah Court
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These two can easily be confused if you’ve never had experience with the Utah criminal justice system. Here is the difference between probation and parole in Utah.

Probation is part of a person’s sentence. It allows the offender to be released into the community rather than serving their sentence in a jail or prison. A judge sets conditions on the offender that the offender must follow if he wants to stay on probation. If the offender violates the conditions of his probation, a judge can order the offender to prison to serve the rest of his sentence. It is much better to be on probation than in prison.

Parole is similar to probation, but slightly different. Parole is the release from prison before an offender completes his sentence. Often, parole is granted if the offender was well behaved in prison and the Board of Pardons and Parole (who grants parole) thinks that the offender can be released into the community. Offenders on parole are subject to strict conditions established by the Board of Pardons and Parole and are assigned a parole officer while on parole. Like probation, if the offender violates the conditions of his parole, the Board of Pardons and Parole can order the offender to return to prison.

The biggest difference between the two is that probation is part of sentencing by a judge, and parole is imposed by the Board of Pardons and Parole after an offender has served a prison term.

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