Probation Violations in Portland

Prior to the probation violation hearing we negotiate with the probation officer and/or the District Attorney to attempt to resolve issues in an amicable manner or at least get things calmed down before the hearing.

We resolve cases without a hearing. In some cases when a person is being supervised by the Department Of Corrections or county department of community corrections, the person may admit or deny allegations of probation violations and agree to specific sanctions known as intermediate sanctions. These sanctions may include jail, house arrest, additional conditions of probation but not revocation.

If we can not negotiate a resolution of the matter, we prepare our clients for the probation violation hearing to maximize their chances for avoiding unwanted results. Our plans are usually successful, when our clients follow our instructions.

The two main issues to be decided at most probation violation hearings are whether there was a violation and, if so, what to do about the violation.

Before we get to the factual issue of whether or not you violated any of your probation conditions, we make sure that the hearing is being brought and conducted without violating any of your statutory or constitutional due process rights.

We make sure that the condition of probation in question was lawfully ordered by the Court and is legal and enforceable.

Then, if you agree with the allegation that there has been a violation of the terms of probation, we admit the violation and move on to the question of what the judge should do about the violation.

If you disagree with the allegation that there was a violation, then we have a hearing and fight the allegation. Both sides can put on witnesses and other evidence. If there is a Probation Officer, he or she will appear and give evidence is support of the allegations and make recommendations to the court on what to do about the alleged violation. We present evidence, call witnesses and help you testify on your own behalf. The State must prove that there was a violation by a preponderance of the evidence – that it is more likely than not that you committed the violation.

The most commonly violated conditions of probation are pay fines fees and restitution, obey all laws, report to Probation Supervisor, report to jail, perform community service and perform treatment conditions. These are fairly easy matters to prove one way or the other. Other issues are more difficult to prove, like whether or not the defendant had contact with a certain person.

After both sides have submitted all of their evidence, the court hears the legal and factual arguments of counsel and makes its decision. If the court finds that there was no violation, then the case is over.

If the court finds that there has been a violation, then the question is what should the Judge do about the violation. The court can continue or revoke probation, impose penalties, add or delete conditions of probation, modify the conditions of probation, or extend probation.

The first question the judge must decide is whether to continue or revoke probation

The decision to revoke or continue probation is based on balancing the hope for offender reformation against the fear for public safety. The court has to decide if there is still hope that the purposes of probation will be fulfilled.

The Judge considers the recommendations of the probation officer, if any, the district attorney, defense witnesses and defense attorney in deciding whether or not to revoke probation.

We present persuasive evidence and arguments that the purposes of probation are being served by continuing probation. We show reasons for the court to find that there is hope for your reformation and reasons to believe that you are not a threat to public safety. We let the court know all of the things you have done and are doing correctly and present witnesses on your behalf to show that probation is working.

If the judge continues probation, the judge must then decide if and what penalties should be imposed for the violation and whether or not to extend the period of probation and add or change probation conditions. Penalties can include jail and community service.

We suggest alternatives to jail sanctions which do not interfere with continued progress or disrupt treatment or employment. In some cases we suggest changes in the probation conditions to make them more effective in achieving the purposes of probation.

We have enjoyed a great deal of success in achieve our client’s goals with regard to sanctions in Probation Violation Hearings.

If the judge revokes probation you will be sent to jail or prison depending on whether you were on probation for a misdemeanor or felony conviction. The length of your incarceration will depend, in large part, upon the terms of the original Judgment of Conviction.

If you were convicted of a misdemeanor and the imposition of sentence is suspended, the court can impose any sentence it could have imposed at the original sentencing. For example is you were convicted of DUII, the judge could have sentenced you to up to 365 days in jail. If you violate your probation the judge can still sentence you to up to 365 days in jail less any time you have already spent in jail.

If you were convicted of a misdemeanor and the judge imposed a sentence and suspended execution of the sentence, then the judge has to impose the entire suspended sentence. For example, if you were convicted of DUII and the judge sentenced you to 90 days in jail and suspended 80 days. You would serve 10 days right away and the entire other 80 days if you violated your probation.

If you were convicted of a felony with a Presumptive Probationary sentence under the Oregon Felony Sentencing Guidelines, the revocation sanction is generally 6 months in prison but can be as much as 12 months in prison depending upon a number of factors.

If you were convicted of a felony with a Presumptive Prison Sentence under the Oregon Felony Sentencing Guidelines, the revocation sanction is the entire presumptive prison sentence less any time you have already served.

There are many factors to consider in determining the correct revocation sanction in a felony sentencing guidelines case.

Very few of our clients, who follow our instructions, have their probations revoked at probation violation hearings.