TYPES OF UTAH CRIMINAL PROBATIONWhen you are convicted of a Utah crime, or you are on diversion or plea in abeyance probation, you will likely be on some sort of probationary status. Some people call it being on “paper.” Meaning you are on some type of Utah court monitored probation. It’s a good idea to get off probation as soon as you can.
(1). Court Probation. Sometimes called “court probation,” “informal probation,” “bench probation,” or “non-reporting probation.” Court probation is the lowest and least restrictive forms of probation in Utah. Court probation is whatever the court wants its to be, but customarily means informal, non-reporting probation with good behavior. Like all probation, if you break the law and are arrested, you will be ordered to show cause by the court to explain what happened. Utah Justice Courts commonly use court probation. The super majority of justice court cases apply court probation.
Common Court Probation Convictions. Most Class B and Class C Misdemeanors convictions require some type of court probationary period before the case closes. Technically some third degree felonies can be placed on court probation, but this is not common. Some court probation closes upon successful payment of all fines. Other court probation closes upon a short three month period and all classes or treatment is completed.
People don’t know this, but you can often motion the court to terminate your court probation early. Often only after serving half the agreed to probationary period.
Example—You are ordered to serve 12 months on your Provo Justice Court probation for your plea in abeyance drug possession charge. You can motion the court at 6 months sometimes to terminate probation early.
(2). Supervised Probation. A court at any time can order supervised probation, even when the offense would normally carry court probation. Supervised probation varies as to what the sentencing court is ordering, but can be one a week drug screens to just checking in with the probation agent monthly. Private companies offer supervised probation services to courts. Private supervised probation submit monthly compliance reports and often monitor interlock devices.
Sometimes the offense statute requires supervised probation. Second DUIs or first time DUIs with a blood alcohol level (“BAC”) over .16 require supervised probation. Supervised probation is more intense and you pay monthly supervision fees for the pleasure.
Like moving the sentencing court to terminate probation early, you can move the court to terminate supervised probation and drop to court probation. Which is less restrictive.
Common Supervised Probation Convictions: Many domestic violence offenses. Second, third and subsequent DUIs, if not placed on AP&P. If you fail at court probation, you may be placed on supervised probation before being committed to jail instead of the pleasure of probation.
Class A Misdemeanors, sometimes third degree felonies are on supervised probation, rather that AP&P.
(3). Adult Probation & Parole. The most restrictive type of probation available to the court. The Infamous AP&P is a government entity which is under the Utah Department of Corrections. The DOC runs Utah’s prisons.
If you are convicted of a felony in Utah, you are looking at AP&P probation.
AP&P supervises 2 basic classifications of criminal offenders:
(a). Probationers and (b). Parolees.
People on AP&P probation may have served some jail time, but it is generally someone who has committed a crime and been sentenced by the courts to be supervised in the community while held to a higher standard than the general public.
A parolee is an criminal offender who has already served prison time, but who has been released from prison—i.e. “paroled” by the Utah Board of Pardons and Parole before expiration of the max prison sentences.
Utah’s AP&P is divided into 5 regions that span Utah.
Most criminal cases end with a plea bargain or sentence bargain. A plea bargain is where the charges are reduced if you plead guilty. A sentence bargain is where certain aspects of the criminal sentence are agreed to before sentencing occurs.
Common Sentence Bargains/Agreements. Common sentence bargains worked out before a plea bargain is even entered are; 402 sentence reductions, number of days in jail, no jail and probation only, or what type of probation you will receive. You can agree in advance with the prosecutor to a court reporting only probation which would spare you the costs or restrictions of AP&P.
