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Probation Violation Attorney

The Criminal Defense law firm of Rhett Bernstein employs former prosecutors, former law enforcement officers, and former forensic experts. Rhett Bernstein defends clients throughout the state of Oregon, including Multnomah County, Clackamas County, Washington County, and all Portland-area municipal courts in the following counties and cities:

Clackamas County Multnomah County Washington County
Boring Gresham Banks
Canby Maywood Park Beaverton
Clackamas Portland Bull Mountain
Damascus Troutdale Cornelius
Estacada Wood Village Durham
Gladstone   Forest Grove
Happy Valley   Gaston
Lake Oswego   Hillsboro
Milwaukie   King City
Molalla   Laurelwood
Oregon City   North Plains
Sandy   Sherwood
Tualatin   Tigard
West Linn   Tualatin
    Wilsonville

Probation Violation - Everything You Need to Know

In some cases, the Court will offer probation instead of jail. As a condition of probation the court sets restrictions on what you are and are not allowed to do, and will also impose conditions that have to be completed during probation. A Probation Violation occurs when the terms or conditions of your probation are broken. Violating your probation is very serious and could result in significant fines, extended probation, or jail time.

For Misdemeanor crimes the Court orders Unsupervised Bench or Enhanced Bench Probation in lieu of Formal or Supervised Probation, the length of probation for a Misdemeanor is typically 12 to 60 months.

Felony convictions result in Formal or Supervised Probation. The length of probation for a Felony is determined by the sentencing guidelines for the crime committed, but is typically 12 to 36 months, but in some cases it can be as long as 60 months.

Types of Probation

Unsupervised Bench Probation

Unsupervised Bench Probation means you do not have to report to a Parole or Probation Officer, but you still must complete and abide by the terms and conditions of your probation. If you do not comply with the conditions of your bench probation, a warrant will be issued for your arrest and you could face being sentenced to the maximum jail time for your crime. Because you are not being supervised, it is very important that you keep your contact information current and up to date with the Court, if the Court does not have your current address, a warrant will be issued for your arrest.

Enhanced Bench Probation

With Enhanced Bench Probation your compliance with the terms and conditions of your probation will be monitored by community corrections. Enhanced Bench Probation occurs mainly in DUI cases so the Court can keep track of your compliance with the conditions regarding drinking and driving.

Formal or Supervised Probation

When you are placed on Formal or Supervised Probation you must report to a probation officer who will make sure you do not participate in any criminal activity and that you are in compliance with the terms and conditions of your probation.

Post Prison Supervision

A Felony conviction results in post prison supervision upon your release. If you violate the the terms and conditions of your Post Prison Supervision you will be taken before the Board Of Parole And Post Prison Supervision for a hearing, where the Board will decide if you have violated the terms of Post Prison Supervision, and you may be returned to prison.

If you have been accused of violating the terms and conditions of your probation, it is important contact attorney Rhett Bernstein immediately. The punishments for violating your probation can be much more serious than the consequences of your original conviction. Please contact Rhett Bernstein for a free initial case analysis. We will listen to everything that happened leading up to, during and after the arrest. We will give you our candid opinion as to the likelihood of prevailing in court.


Legal Disclaimer: Nothing on this site shall be taken as legal advice. For advice on a legal matter, contact attorney Rhett Bernstein immediately for a free, confidential, no obligation consultation.

Criminal Defense attorney Rhett Bernstein is available to practice criminal law anywhere throughout the state of Oregon, including: Clackamas, Multnomah, and Washington counties; as well as most municipal courts throughout the Portland Metro area.