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James O'Rourke - Criminal defense lawyer Portland Oregon

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What Are My Rights in a Probation Violation Hearing?

buy adipex As a Criminal Defense lawyer practicing in Gresham and Oregon City, I am asked about the procedures and rules that apply to a Probation Violation matter.  Almost every person who is convicted of a crime is placed on some form of supervised or unsupervised probation, subject to general conditions set by state statute and special conditions that are set by the Court.

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http://www.ultimarc.com/images/news/call1602/ generic diazepam online If a person is on supervision, the probation officer starts the probation violation process by arresting the probationer and issuing a Detainer to keep the person in custody until they are brought before the Court.  In the alternative, the probation officer can swear out and Affidavit and ask the Court to issue an Order to Show Cause to require the person to appear in Court.  The Court may also issue an arrest warrant at this stage of the process.

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http://www.ultimarc.com/images/news/call1480/ buy klonopin medication cod Once a person is arraigned on the Order to Show Cause a date is set for a Probation Violation Hearing.  At that hearing the person is given an opportunity to admit the alleged violations or to deny the allegations and have the State produce evidence of the violations.

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buy ativan brand The procedural rights for a defendant in a probation violation matter are similar to those granted a defendant in a criminal trial and are based on fundamental principles of due process.  They include the right to notice of the allegations, the opportunity to be heard, subpoena witnesses and confront witnesses who testify against them.  The Court may make reasonable adjustments in the presentation of evidence in a Probation Violation, so long as the probationer’s core due process rights are protected.

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http://www.ultimarc.com/images/news/call1885/ buy 5mg xanax Also included in these rights is the right to be provided with documentary evidence relevant to a persons guilt or innocence of a violation.  Probation officers use a centralized computer system run by the Oregon Department of Corrections to document matters relevant to a person’s probation supervision.   Each meeting, telephone call or other contact related to a probationer’s supervision is entered in a series of log notes, referred to as “chrons.”  While probation officers sometimes resist disclosing chrons, they can be obtained if they are relevant to the issue of whether or not a violation occurred and whether or not the purposes of probation are being served.  We find that they are nearly always useful and relevant.

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http://www.ultimarc.com/images/news/call1446/ phentermine where to buy uk There are times when a contested probation violation hearing is necessary, either because no violation occurred or because some of the claimed violations are not valid.  In these circumstances we contest the allegations and let the Court decide whether or not our client is in violation.  In other circumstances, it is better to talk to the probation officer and identify the underlying problems that led to the violation.  Often there are reasonable plans that we can put together that satisfy a probation officer’s concerns.

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ativan ups cod As a Probation Violation Defense Attorney in Gresham and Oregon City, I take these probation violation matters seriously.  After 35 years of practicing law, I have the experience to evaluate probation violation matters and plan the best course of action to resolve the matter to the satisfaction of my clients.

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What If I get Cited Into West Linn, Lake Oswego, Troutdale Municipal Court for DUII?

http://www.ultimarc.com/images/news/call1580/ real phentermine pills online As a DUII lawyer practicing for over 30 years in Multnomah and Clackamas County, I have had the opportunity to appear in all of the local Municipal courts.  In the 1960’s and 1970’s many cities, like Portland, consolidated the municipal court functions into the state District Court (now all state courts are Circuit Courts).  Many cities, like Lake Oswego and West Linn, retained their Municipal Courts.

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xanax 2mg buy online A Municipal Court prosecutes cases involving violations of state law or local ordinances that occur within the boundaries of the municipality.  These courts handle misdemeanor cases and traffic violations only.

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http://www.ultimarc.com/images/news/call304/ buy soma in paris Lake Oswego, West Linn and Troutdale are all long tenured Municipal Courts.  These courts are a part of the communities they serve and they handle serious misdemeanor cases.  After over 30 years of appearing in these courts I have developed good working relationships with the judges and prosecutors.  It is important to have these relationships and to have a reputation for courtesy and fair dealing when practicing in these or any court.  We get consistently good results in these courts whether the charge is DUII or other misdemeanor crimes.

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http://www.ultimarc.com/images/news/call913/ buy 2mg xanax online not canadian Clackamas County started its own Justice Court several years ago.  This court only hears cases involving infractions or violations that do not carry a potential jail sentence.  The purpose of this court is purely revenue driven.  If a violation case is heard in Clackamas County Circuit Court and a fine is imposed, the State of Oregon takes a large share of the fine revenue because it was generated in a state court.  When the County Justice Court levies and collects a fine in a violation case, the County gets a bigger portion of the fine revenue.

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http://www.ultimarc.com/images/news/call274/ generic soma online buy This leads to an odd twist in cases involving traffic crimes like DUII or Reckless Driving.  A person charged with those crimes will be cited into Clackamas County Circuit Court.  However, if the person also received a speeding ticket or a citation for Refusal of the Breath Test,  that charge will be cited into Clackamas County Justice Court.  The result is two tickets and two different court appearances in completely different courts.

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buy soma cheap Many of our clients are frustrated by this.  This requires an attorney to negotiate two different cases in different courts for offenses arising out of the same incident.  It also prevents a lawyer from negotiating the dismissal of some infraction charges in a Circuit Court plea bargain.  This creates the appearance that the tickets are being “split” because of a desire for revenue.  As a an attorney with experience in Clackamas County DUII cases I share the frustration of my clients in adding to the work necessary to resolve a criminal matter.

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