Probation Eligibility and Violations in Oregon
You can serve probation instead of jail time as your sentence for some criminal charges. Whether this is an option after a guilty verdict will depend on the severity of the charge. It is usually applied to lesser crimes where the person has never committed a crime.
Common Probation Terms
Probation will include supervision from a probation officer to ensure you meet the terms of your probation. Often, probation will consist of terms such as regular check-ins with your probation officer, obeying the law, paying fines or restitution, community service, drug tests, or staying in state.
Conditions of probation like these are often simple to follow. Occasionally, though, probation may govern much more of your life and be significantly unfair. If you don’t follow the rules of your probation, your probation officer can file a probation violation against you.
Your probation officer decides if your violation should constitute a hearing or not. The judge will determine if the terms were violated at a probation violation hearing. Violating probation can lead to further probation or jail time.
Rights in the Hearing
If your probation officer has filed against you or arrested you for probation violation, then you should hire a criminal defense attorney. The sooner you do this, the better. Reasonable probation violation attorneys can sometimes dismiss the initial allegations and get you a second chance with your probation officer.
Your rights in this hearing are very similar to those in a criminal trial, except that despite having severe penalties, there is often a lower standard of proof and evidence. Probation officers keep logs of their meetings with those on probation, but it usually requires an attorney’s request for those logs to be seen in court. Often, they provide helpful information in the hearing. You deserve a fair hearing, and we want to ensure your best interests are advocated.
Hiring a Probation Violation Attorney
At Pedemonte Law, we want to work on your case before it gets to court. Contact our office today.