What is an 'Order for Show Cause'?
If you have received an “Order for Show Cause”, please contact your attorney immediately. This notice was sent to you because the judge believes that you are in violation of an agreement that you made with the court, like Diversion, or that you are in violation of conditions of a probation that you have been sentenced to serve. The noticed you received requires you to come back to court to address the allegation, or in plain English, “show cause” as to why your Diversion agreement or your probation (depending on the circumstance) should not be revoked. These matters are generally time-sensitive, and if you are deemed ineligible to stay in the Diversion program, you will be convicted of a DUI and subjected to the original maximum DUI penalties.Why Would a Judge Decide Diversion Should be Revoked in a Show Cause Hearing?
If the judge decides you are not able to continue with your initial agreement due to a violation during your show cause hearing, your probation could be revoked and a significantly larger jail sentence could be ordered. Common reasons for Diversion revocation include but are not limited to:
- obtaining a new DUI
- detection of a banned substance such as alcohol or controlled substances in a Urine Analysis test result
- a “bad blow” (your ignition interlock device (IID) detects alcohol)
- failure to attend drug and alcohol classes
- a clerical error (treatment agencies and courts can make mistakes!)
- failure to show up to court as directed by the mailed notice could cause immediate Diversion revocation and/or a warrant being issued for your arrest
An “Order for Show Cause” is a notice you do not want to receive in your mail box. If you do, it is important that you talk to an attorney as soon as possible. An attorney can help to correct any errors, or, if you are in violation of your Diversion agreement, they can help you through the necessary steps to get you back on track and show the court that you deserve to continue in the Diversion program. If the State proves a violation and the Court agrees that your Diversion agreement should be revoked you will be subject to several penalties. These imposed penalties can include additional fines, up to 1 year in jail, up to 5 years on probation, and suspension of your driver’s license among other consequences.
Hiring a lawyer from Reynolds Defense Firm for a Show Cause hearing is in your best interest because the penalties are high, Show Cause hearing procedures vary by county, failure to appear in Court could result in a warrant for your arrest, and the timing to handle a violation allegation is critical. Not only will our DUI attorneys fight for you in court to prevent negative repercussions, but they will help to hold you accountable. If you or someone you know needs a DUI show cause lawyer, please call us at 503.223.3422 or fill out our online contact form immediately.