When a person commits a crime, he is required to go through a criminal trial and face the consequences of his actions. In America, a person is considered innocent until proven guilty and has the right to proper representation. Some convicted criminals are not given jail time as a punishment for their crime--they are given probation, a punishment in which strict rules must be abided. Probation officers in Oregon are given the power to issue punishments to probation violators, should the violators choose to waive their rights to hearings, which they often do to avoid the stricter punishments handed out by the courts.
People who have been convicted of a crime may not face jail time, but rather face probation. Probation sentences differ and are based on several factors. One factor for probation terms is the severity of the crime committed. Another factor is whether or not the convicted person has a previous criminal history.
Probation terms can include not being allowed to leave the area in which you live, called the jurisdiction. Other terms of probation can include the requirement to remain drug free by undergoing random drug testing, not being allowed contact with your children, maintaining employment or a probation may include a curfew. Former Oregon Parole and Probation Officer Carl Reddick says that some Oregon probation officers are more lenient than others. They have the choice to reprimand a violator themselves before filing a probation violation report with the state. Each probation officer considers the violation before making a decision, and each officer's decision will differ from others.
Parole officers are duty-bound to report any suspected violation of probation to the Oregon courts. A hearing may be scheduled where you will have to appear in front of a judge to determine whether or not you have violated your probation. A prosecutor will attempt to prove to the judge evidence that you have violated your probation. Oregon's parole officers determine whether or not to report a criminal for violating their parole. Former Officer Reddick states that most probation violators receive up to three verbal warnings for violating their probation. Their fourth offense is community service, without a court hearing. Fifth offenses require court sanctions and three days in jail.
If it has been proven that you are in violation of your probation, the judge presiding over your case will then decide how to further punish you for the crimes you have committed. The most likely scenario is that you will be put in jail for the remainder of your sentence. Some judges may decide to give you another chance at probation, though your second-chance probation will be stricter than your first. Oregon Parole and Probation Officers who choose to issue punishment to probation violators that require court sanctions can have their decisions overruled by a judge.
If you are a felon who has been accused of violating probation in Oregon, you should contact a criminal defense attorney. An attorney is your best shot at refuting the charges made against you. If you are guilty of violating your probation, it is still recommended that you contact an attorney, though you will still face punishment for your crimes.
- hands in meeting image by timur1970 from Fotolia.com