When you are convicted of a crime in Utah, or you are placed on diversion or a plea in abeyance, you will likely be put on some form of probation. Often referred to as being “on paper,” Utah criminal probation means you are monitored by the court. It’s important to understand your probation status and how to complete it as soon as possible.
Also known as “court probation,” “informal probation,” “bench probation,” or “non-reporting probation.” Court probation is the least restrictive form of Utah criminal probation. It’s often informal, meaning you don’t have to report regularly, but you must maintain good behavior. However, if you break the law, the court may issue a show cause order to explain your actions. This type of probation is frequently used by Utah Justice Courts and is common for Class B and Class C Misdemeanors.
Common Court Probation Convictions:
Most Class B and Class C Misdemeanors require some type of court probation before the case is closed. While third-degree felonies can occasionally be placed on court probation, it’s rare. Some probation periods end after fines are paid, while others may conclude after three months if all required classes or treatments are completed.
Tip: You can often file a motion to terminate your probation early, usually after serving half of the assigned period.
Example: If you’re ordered to serve 12 months on Provo Justice Court probation for a plea in abeyance drug possession charge, you may be able to motion the court to terminate probation after 6 months.
The court may order supervised probation, even when the offense typically carries court probation. Supervised probation may involve weekly drug screenings or monthly check-ins with a probation officer. Private companies often manage supervised probation services and submit monthly compliance reports, monitoring devices like interlocks.
Certain offenses, such as a second DUI or a first DUI with a BAC over .16, legally require supervised probation. Supervised probation is more restrictive and comes with monthly supervision fees.
Tip: You may petition the court to reduce your supervised probation to court probation, which has fewer restrictions.
Common Supervised Probation Convictions:
If you fail court probation, you may be moved to supervised probation as an alternative to jail time.
AP&P is the most restrictive form of Utah criminal probation. Operated by the Utah Department of Corrections (DOC), AP&P supervises those convicted of felonies. It monitors two types of individuals:
AP&P manages probation through five regions across Utah, maintaining a high level of supervision and restrictions.
Many Utah criminal cases end in a plea or sentence bargain. A plea bargain reduces charges in exchange for a guilty plea, while a sentence bargain sets specific aspects of the sentence before court proceedings, including probation type.
Common Sentence Bargains:
Agreeing on probation terms in advance can save costs and avoid the strict conditions associated with AP&P.
If you’re facing charges and need guidance on Utah criminal probation, call or text Utah Criminal Defense Attorney Jake Gunter at (801) 373-6345 for a free consultation. With nearly 20 years of experience, he can help navigate your probation options and fight for the best outcome.
