When a person has been convicted or plead guilty to a crime, unless there was substantial jail or prison time involved, they are likely on probation. Probation is a period of time (between one- and five-years) that the court imposes restrictions on what a person can or cannot do. Further, a court will also impose conditions that must be completed while on probation.
When someone is accused of violating probation it is important to hire an attorney immediately. Substantiated violations and revocations of probation often come with punishments that are much more severe than the probationer received on the original conviction. Every scenario is different with each individual, so there is not an exact answer for the common question of “what is going to happen?” with a person’s probation.
Some common situations are:
- Downward departure issues;
- New crimes;
- Strict compliance;
- Allegations of prohibited contact; or,
- Consumption of a prohibited substance.
Diversion & Deferred Sentences
There are many situations where a person gets an opportunity to participate in a diversion program or a deferred sentencing program. This is a situation when a person agrees to plead guilty, and in exchange, the court or prosecution agrees to dismiss the charges upon completion of certain conditions.
Although, there is generally no conviction at this point, a show cause hearing while participating in one of these programs can have a big impact on a persons life. If a person participates in one of these programs, and they are found in violation, this could mean the revocation of the agreement and sentencing on the underlying crime.
Some common situations are:
- Ignition interlock device failure during DUII diversion;
- Conditional discharge issues;
- Failing to fulfill an obligation; or,
- New criminal convictions.
How are these fought?
- Negotiation and advocacy: This involves reviewing the alleged violations, reviewing how probation has been going as a whole, coming up with a plan of action, and outlining the clients goals. An attorney will be able to speak with the probation officer and negotiate a resolution that is better than the original proposal. Ideally, speaking with the prosecution and showing them why the violation should be dismissed would be the best outcome. In some scenarios, admitting to the violation and showing the court why another chance is a better alternative to revocation is the best route to take.
- Contesting the allegations: It is important to remember that although the prosecution has a lower burden to meet in a probation violation hearing, it is still the prosecutions burden to overcome. Many times there are issues (evidentiary, witness, legal) that the prosecution cannot overcome. Pointing out these flaws in the case is often enough to get the allegations dismissed.
Experienced criminal defense in probation violation cases makes a difference. Call today to set up an appointment for a confidential consultation.
Disclaimer: Nothing on this site should be taken as legal advice. For advice on a legal matter, contact an attorney. Contact Jared Justice at 503-722-3981 or firstname.lastname@example.org.
Jared Justice is available to practice anywhere in the state of Oregon. He focuses on practicing in the following State Courts: Clackamas, Multnomah, Yamhill, Marion, and Washington Counties. He also practices in the following Municipal Courts: Lake Oswego, West Linn, Newberg, Canby, McMinnville, Troutdale, Oregon City, Beaverton, Milwaukie, Gladstone, and just about every other court in the Portland area.