Utah Violation Of Probation Hearing
Utah Violation of Probation Hearing – Admitting or Denying the Violation
After you have been served with the accusation that you violated probation, you will be brought before the court to either “admit” or “deny” the accusation. If you admit that you violated probation, the trial court has the discretion to revoked, modified, continued, or restart the entire probation term.
If you deny the accusation that you violated probation, the trial court will schedule a violation of probation hearing. The court will then hear evidence and decide the case by a “preponderance of the evidence” instead of the higher “beyond a reasonable doubt” standard used in criminal cases.
At the violation of probation hearing the trial court must determine whether a failure to follow one of the conditions of probation was substantial and willful. If the court finds that the violation was trivia or inadvertent, then the court will typically dismiss the allegation and reinstate the probation.
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