Order to Show Cause in Utah
Many people get letters in the mail from the court stating that they have an Order to Show cause hearing they must attend. On the family law side, that hearing is an Order from the judge to show good cause why they are allegedly violating a court order in regards to child support or child visitation or another order listed in a divorce decree or parenting plan.
On the criminal side, an Order to Show Cause is for an individual to come to a court hearing and show cause on why he or she violated a term of probation. The State brings in evidence showing that probation has been violated whether it be from the State agency that deals with probation that found the violation or through other sources. A lot of terms of probation are not to commit any new crimes for a period amount of time. If a person is charged with a crime then that is an automatic violation of the probation.
If the judge does find a probation violation then he can reinstate the original sentence. The purpose of probation is to keep people from getting the full maximum sentence and gives them hoops to jump through instead of having to sit in prison. Order to Show Cause hearings are easier for the state to prove then the actual crime itself. The person charged with a crime has already pleaded guilty.
That means that he or she has admitted to committing the crime and now does not have any constitutional protections going forward. The state still has a burden to prove that a probation violation actually occurred but the burden is a lot lower. It is good to get an attorney on board even though it seems like it may be an uphill battle.
There are things that can be argued in your favor, their may be conditions to probation that were added that didn't exist at the time of sentencing to help your case. A good criminal defense can help an individual mitigate the full possible amount of damages in a case for a probation violation.