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Probation Violations

Probation Violations in Portland

Mr. O’Rourke is an experienced probation violation hearing criminal defense lawyer and attorney in Portland, Gresham, Beaverton, Hillsboro, and Oregon City Courts and Courts throughout the State of Oregon. Mr. O’Rourke began as a Portland Criminal Lawyer in 1978.

Criminal defense attorney O’Rourke will defend you in probation violation hearings in the Portland metroplex area. In Multnomah County, probation violation hearings are held in Portland and Gresham. In Washington County, Oregon , probation violation hearings are held in Hillsboro, Oregon In Clackamas County, probation violation hearings are held in Oregon City.

Probation hearings are also held in municipal courts in Beaverton, Lake Oswego, Canby, West Linn, Troutdale and Oregon City Oregon.

Mr. O’Rourke and His Staff Work as a Team for You

In every probation violation case we use the same three methods to defend our clients and win that we use in all criminal cases: attack, negotiation and mitigation. We use what works to achieve the goals we set with our clients.

Click here for more information about how we represent our clients and how we use the three methods to defend them in criminal cases.


We make sure that you get your rights and the government follows the rules regarding probation conditions, probation hearings, evidence and sentencing for probation violations. We present evidence on your behalf.


We NEGOTIATE before and after allegations are filed. We often succeed in negotiating settlements with probation officers and district attorneys which are acceptable to our clients without a hearing.

Mitigation – Sentencing

We develop and present evidence that shows that probation should not be revoked and that you do not need to be punished with jail or prison to prevent you from violating probation again or to get you to properly perform the conditions of probation, even if you have prior probation violations. Mitigation includes turning negatives into positives.

Turning Negatives Into Positives

Courts use probation conditions to address the causes of the criminal behavior including alcohol and drug use. Often the same problems which caused the original criminal behavior hold persons back from fulfilling the terms of probation. We focus on showing the Court our clients willingness and progress in dealing with such problems and point out that the proper measure of performance on probation is progress rather than perfection.

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Probation Violations

When a person is sentenced for a misdemeanor or felony crime the person is placed on Probation and is required to do and not to do certain things called Conditions of Probation.

The most common ways people violate probation conditions are new criminal activity, failure to do treatment, community service, report to their Probation Officer or pay fines, court fees or restitution.

If a person is on Bench probation or Enhanced Bench Probation and the court receives word that the person has violated his or her probation, the court issues a citation (show cause) which orders the person to appear to answer as to whether or not the person has violated his or her probation conditions. The court will attach a statement informing the person of the basis of the violation.

If a person is on Formal or Supervised probation and the probation officer receives information that a violation has occurred, the probation officer can arrest the person or send a report to the court and have the persons cited into court. Often probation officers will call the person in for an appointment or wait until the person’s next visit and arrest the person. Sometimes they will go to the person’s house or place of employment to arrest them.

If the person does not appear on the date the person is cited into court, a Failure To Appear warrant will be issued for the person’s arrest. Judges usually include a condition in the warrant that the person be held without bail until the hearing.

Among the services we provide to retained clients related to probation violation hearings are the following:

We help our clients resolve problems before they become probation violation allegations. If you are having problems satisfying your probation officer, sometimes we can help you get things straightened out before you are arrested or “referred” for a probation violation proceeding. Do not disobey a probation officer without first getting a legal opinion from a knowledgeable and experienced criminal lawyer.

The sooner we get involved, the sooner we can make a plan and take steps to avoid bad consequences for you.

We at James F. O’Rourke, Jr. And Associates often succeed in clearing probation violation arrest warrants and getting our clients back into the system without having to spend any or a significant amount of time in jail.

Many persons who have probation violation warrants have to stay in jail until their probation violation hearing. Some of our Multnomah County, Portland, clients do not go to jail at all on the probation violation warrants. Some out our Clackamas County clients do not have to do any time in jail to get back into the system and most do less than a day. Most of our Washington County, Hillsboro, clients spend less than a day in jail getting back into the system.

We often represent persons who have been on abscond status and who have had outstanding warrants for quite some time, even years. In some counties we can negotiate resolutions for clients before they return to the State Of Oregon. Many only have to attend one court proceeding.

We get many clients released from custody while they are waiting for their probation violation hearing, even in cases where there is a no bail hold. Often we are able to persuade the judge who issued the warrant to release the no bail hold so that the client does not have to stay in jail until the hearing. Oregon law requires that the probation violation hearings be held within 14 days of the date of arrest if the person is held in custody.

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While our principle offices are In Portland and Gresham, we see clients by appointment in offices in Beaverton, Hillsboro, Oregon City and Lake Oswego. Besides being a Portland criminal lawyer, Mr. O’Rourke frequently practices in Courts throughout the State of Oregon and southwest Washington. He is licensed in Washington and Oregon.

Contact Us

To talk to a Criminal Defense Lawyer, call (503) 506-2836. We take emergency calls 24 hours a day. Click here to tell us about your case.

  • Compassionate & Effective Representation
    We provide effective and compassionate defense, ensuring clients feel supported while vigorously protecting their rights.
  • Over 40 Years of Experience
    With four decades in the legal field, Attorney O'Rourke brings a deep understanding of the system, assuring clients of a seasoned advocate by their side.
  • Complimentary, Confidential Consultations
    We offer free consultations, allowing you to discuss your case without any financial commitment.
  • We Work as a Team for You
    We use three methods to fight the prosecution and win — attack, negotiation, and mitigation — focusing our time and resources where they are most productive in achieving our goals.
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