Probation Violations Attorney in Bend, Oregon

Anyone can make a mistake, but certain mistakes, like probation violations, can have very serious consequences. If you have committed a probation violation, you could face jail time, fines, or extended probation periods. At Haskett Williams Monaghan Attorneys at Law, we understand that life happens. And when it does, we're here to help you deal with the fallout.  

What Constitutes Probation Violation?

Probation is a court-ordered period of supervision over an offender, often as an alternative to jail time. Probation violations generally fall into two categories: 

1. Technical Violations 

• Missing scheduled meetings with your probation officer 

• Failing to pay fines or restitution 

• Not completing mandated community service 

• Traveling out of state without permission 

• Failing a drug or alcohol test 

• Violating curfew or other restrictions set by the court 

2. Substantive Violations 

• Committing a new crime 

• Possessing illegal substances 

• Engaging in prohibited activities (e.g., visiting certain locations) 

• Associating with known criminals or individuals with a criminal background 

• Violating protective or restraining orders 

• Carrying a weapon or illegal firearm 

Consequences of Probation Violations

Violating your probation can lead to severe consequences. The severity of these consequences depends on the nature of the violation, your criminal history, and the discretion of the judge overseeing your case. They include: 

Increased supervision: 

• More frequent check-ins with your probation officer 

• Additional restrictions on your activities 

Extended probation: 

• Additional months or years added to your probation period 

• Stricter conditions during the extended period 

Jail time: 

• Serving part or all of your original sentence 

• Potential new charges leading to further jail time 

Electronic monitoring: 

• Wearing a GPS ankle monitor 

• Constant tracking of your whereabouts 

Mandatory counseling or rehabilitation: 

• Enforced participation in therapy or substance abuse programs 

• Regular progress reports to your probation officer 

Community service: 

• Increased hours of required community service 

• More challenging or demanding community service tasks 

Common Defenses Against Probation Violations

If you’re accused of violating your probation, you must have a robust defense strategy. Some common defenses include: 

Lack of evidence: The prosecution must prove that you violated the terms of your probation. If there’s insufficient evidence, your case could be dismissed. 

Unintentional violation: As the name suggests, these are one-off mistakes. For example, if you missed a probation meeting due to a medical emergency, this can be used as a defense. 

False accusations: These can be based on incorrect information or misunderstandings. We can help uncover the truth and defend your case. 

Procedural errors: If the probation officer or law enforcement acted outside their authority or failed to follow proper procedures, this could be used to challenge the violation. 

Violation does not justify severe punishment: Arguing that the nature of the violation is minor and does not warrant severe consequences could attract more lenient penalties. 

Completion of missed obligations: Demonstrating that you have rectified the violation, such as completing missed community service hours or paying overdue fines, can lessen the impact. 

Rehabilitation progress: Showing evidence of your commitment to rehabilitation, such as participation in counseling or substance abuse programs, can positively influence the judge’s decision. 

Probation Violations Laws in Oregon

Understanding state laws can help you understand what to expect if you’re facing a probation violation charge. 

Hearings 

This is where the judge will determine if a violation occurred and decide on the appropriate penalties. In Oregon, you have the right to legal representation at this hearing, and your attorney can present evidence and argue on your behalf. 

Penalties 

The penalties for probation violations in Oregon can vary. Judges have wide discretion in deciding the appropriate consequences, ranging from increased supervision to incarceration. Factors such as the type of violation, your criminal history, and your behavior during probation will influence the judge’s decision. 

Appeals Process 

If you're found guilty of a probation violation, you have the right to appeal the court's decision. The appeals process allows a higher court to review the circumstances of your case, the evidence presented, and the severity of the penalty imposed. An appeal can reduce the penalty or even reverse the original decision if errors were made during the initial hearing. 

Early Termination of Probation 

In Oregon, your probation could be terminated early under specific circumstances. Factors that may support an early termination petition include excellent behavior, completion of all probation requirements, and demonstrated rehabilitation. An attorney can help you file the necessary paperwork and represent you in court to argue for an early release from probation. 

Probation Violations Attorneys in Bend, Oregon

At Haskett Williams Monaghan, we genuinely care about all our clients. We will fight for you with empathy and focus, keeping you informed at every stage. Our criminal defense attorneys are not only friendly and approachable but also trustworthy and knowledgeable, making us the ideal choice for handling your probation violation case. If you’re facing probation violation charges in Bend, Oregon, Redmond, Sun River, Prineville, or Sisters, call Haskett Williams Monaghan Attorneys at Law today.