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  1. #1
    Join Date
    Mar 2012
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    1

    Default False Violations by Probation Officer

    My question involves criminal law for the state of: Utah

    Husband has been on supervised probation for 22 months. The current, and 7th PO filed 4 violations in his affidavit to the judge and my husband is currently in jail waiting for the OTC hearing in a week. He was sentenced to 24 months probation. I am sure you get this a lot but I know for a fact 3 of the 4 alleged violations are false. I have paperwork to prove it. The 4th charge is true, but can't be proven, because there is no evidence besides what the PO thinks (not taking prescribed medications as directed). There is absolutely NO proof. Not 1 dirty UA and all meds are from 1 Dr. and 1 pharmacy. I just happen to know he's not taking them as directed on the bottle.

    So anyways, if he pleads not guilty to the allegations they will set it for an OTC evidentiary hearing, and he will sit in jail until then. If he pleads guilty he will likely get jail time as Utah AP&P does not want to supervise him anymore and requested unsuccessful termination and to serve his sentance in jail.

    His bail is 10,000, which I cannot afford.

    What would be the most effective way for him to get out of jail as soon as possible without posting bail?

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: False Violations by Po

    Quote Quoting freddyjen24
    View Post
    What would be the most effective way for him to get out of jail as soon as possible without posting bail?
    The only way he is going to get out of jail without posting bail is if a judge releases him (probably unlikely) or if he beats the violation hearings.

    If a condition of his probation is that he take prescribed medication as directed, the PO likely has sufficient evidence if he is not doing so. His UA’s may not be “dirty” (showing he is abusing drugs he is not prescribed) but they are likely monitoring the levels of his prescribed medications as well. If those levels are above/below where they should be, that is strong evidence he is in violation.

    What are the other 3 violations he is accused of and what “paperwork” do you have to “prove” he did not commit those violations? You have to understand that parole/probation hearings don’t have the same strict rules applicable to criminal trials. Hearsay is admissible evidence. There is not the strict presumption of innocence. And, the burden of proof is not “beyond a reasonable doubt,” but rather a simple preponderance of the evidence. Your husband has already been convicted. So, now the burden is predominately on him to show he is complying with his sentence, and less for the state to show he is not.

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