What is an order for show cause?

What is an order for show cause?

If you’ve received an order for show cause, it’s critical to contact an attorney immediately. These orders are sent when a judge has concluded that you have violated a legal agreement.

For example, perhaps you have violated the terms of your probation or the conditions of a diversion program. You are then required to appear in court to address whatever violations you are believed to have committed. This is you “showing cause” as to why your probation or diversion agreement should not be revoked. Orders for show cause are almost always very time sensitive.

Revocation Penalties

While revocation of probation has clear consequences, many are less aware of the ramifications of diversion revocation.

Revocation of diversion is a serious problem with severe penalties. For one, you will be convicted of the original DUI, as to enter the diversion program you had to plead guilty or no contest. Also, you will not be able to challenge any aspect of your case at this point, nor will you be able to negotiate your sentencing. You will be subject to the original DUI penalties, and typically the maximum penalties the judge can give you. Sometimes, these penalties are even increased.

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DUI Diversion Revocation

If your diversion is revoked, all aspects of the original agreement can also be revoked. In some cases, judges will even order a much longer jail sentence. There are many reasons a judge may decide to revoke your participation in the diversion program. Some (but not all) of these reasons are as follows:

• Your IID (ignition interlock device) registered a “bad blow”—i.e., detected alcohol on your breath
• A simple error originating with the treatment facility or with the court. This is more common than you might think!
• Being charged with another DUI
• A positive urinalysis test (usually through your treatment program) that detected alcohol or other controlled substances that you did not have authorization to take
• Being absent from your treatment program without cause
• Failing to respond to your show cause hearing, which can result in not only automatic diversion revocation but may also result in a warrant issued for your arrest

If you receive an order for show cause in the mail, please take this situation very seriously. The consequences of not responding to this order in a timely and effective manner can have a devastating effect on your life.

Seek Trusted Legal Counsel With Urgency

You absolutely need to seek out legal counsel and with a sense of urgency. An attorney can look into any errors that may have occurred, and, if you have violated your program, an attorney can be instrumental in proving to the judge that you deserve another opportunity to complete the program. This can help you avoid penalties like suspension of your license, fines, prison time, probation, and so forth.
Please contact a Portland DUI lawyer at Adam Green Law as soon as possible if you receive one of these orders. I’m here to help and answer any questions you might have.