Legal Question in Criminal Law in Utah
Bench Probation
I am currently on bench probation for a class B misdemeanor: failure to remain at scene of accident. I have recently been charged with 2 counts of telephone harassment, which are class B misdemeanors as well. If I accept my charges and pay my fines, will I still go to jail?
1 Answer from Attorneys
Re: Bench Probation
If you enter a guilty plea to the new charges, the judge and/or prosecutor could revoke your probation and impose other penalties that were stayed - typically jail. Since the charges do not seem to be related to the ones for which you are on probation, you may not. I suggest you or someone on your behalf contact the prosecutor and confirm with them that if you go ahead and resolve the phone charges, that they agree they will not ask for your probation to be revoked. If they will not agree and put something in writing, then you take the chance that they will revoke your probation.
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