Individuals in Oregon and around the country may be placed on probation after being convicted of a crime. If they fail to abide by the terms of their probation, they may face additional penalties such as jail time or a fine. Probation may be violated for a number of different reasons such as failing to report for a court hearing or failing to pay restitution to a victim.
A person may also violate his or her probation by using or selling drugs or by leaving the state without obtaining permission to do so. If a violation occurs, a defendant may be asked to appear in court. During the hearing, a prosecutor must show that it was more likely than not that the defendant failed to adhere to the terms of his or her probation. Individuals generally have the right to present evidence of their own during this hearing, and they may also be entitled to be represented by an attorney.
A variety of factors may be used to determine the sentence a person may receive for a probation violation. For instance, a judge may take into account the severity of the offense or whether a person has a history of previous violations. A judge may also take into account any other facts that may be relevant when issuing a ruling.
A criminal defense attorney may be able to help a person obtain a favorable outcome after a probation violation hearing. An attorney may present witness testimony or other evidence that might prove that a person did not cross state lines or otherwise ignore the terms of his or her probation. Legal counsel may also provide plausible explanations for why an individual missed a prior court hearing or did not report to a probation officer as required.