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Accused of Violating Probation? Our Attorneys Can Help

If you find yourself accused of violating your probation in Washington, the court will not be as lenient the second time around. It will take an experienced probation violation defense lawyer to build an effective defense and mitigate the consequences.

A probation violation is not open and shut. Our defense attorneys can help you find a way out of the harshest penalties by implementing a thoughtful strategy. Contact Emerald City Law Group before your probation violation hearing.

Based in Seattle, We Assist People Across Washington and Offer Virtual Consultations. Initial Consults are Free, Confidential, and We’re Available 24/7 to Answer Your Questions.

Probation Violations We Handle in Washington

Probation violations occur when an individual on probation fails to meet the terms or conditions required by the court. These violations are treated sternly under state law in Washington, with possible punishments including jail time, fines, Electronic Home Monitoring (EHM), community service, or an extension of probation.

The penalties you may face depend on the severity of your violation, past warnings or violations on your record, or any other relevant circumstance.

Common probation violations that we can help with include:

  • Failure to Report to Your Probation Officer
  • Failure to Complete Court-Ordered Programs
  • New Criminal Charges while on Probation
  • Failure to pay Fines & Restitution
  • Associating with Known Criminals
  • Failure to Stay in the Jurisdiction
  • Drug and/or Alcohol Use – Positive Urinary Analysis (UA)
  • Non-Compliance with Treatment
  • Firearm Possession
  • Violating a No Contact Order
  • Failure to Maintain Employment
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Seattle Probation Violations: What to Know

If you’re found guilty of an offense in Washington, whether via a guilty plea or trial verdict, you may be placed on probation.. If you are placed on probation, you are ordered to abide by specific requirements and conditions set by the court.

Washington Probation Requirements

If you are on probation, you may be required to abide by several conditions, including:

Meeting/Communicating with a Probation Officer

A probation officer will typically be assigned to supervise you while you’re on probation. These officers enforce the terms of your agreement and inform the court if those conditions are violated.

Weapons are Prohibited

Depending on the conviction type, an individual on probation may not be allowed to possess a firearm or other dangerous weapon.

Alcohol or Drug Testing

Courts in Washington may impose an abstinence condition that requires that you not consume any drugs or alcohol while on probation. The court might mandate random urinary analysis (UA) to confirm whether or not you have been abstaining from alcohol and drugs.

No Additional Violations

If there is probable cause to believe that you committed a new criminal law violation while under probation, you will be in violation of your sentence and summoned to court for a review or show cause hearing to address the alleged violation.

Jail, EHM, or Community Service

In some cases, individuals are ordered to serve jail time, EHM time, and/or community service as part of their sentence. Failure to complete the required hours is a violation. Failure to complete your requirement is a violation.

Other Probation Conditions

Additional Washington State probation rules that the court may impose include:

  • Reporting regularly to your probation officer
  • Residing with parents, in a halfway house, or a foster home
  • Retaining continuous employment or school enrollment
  • Providing timely payment of fines and costs

Getting an alcohol and drug assessment and successfully completing the recommended treatment program. If you adhere to the rules and complete your probation successfully, you will be free from further probation requirements.

If you fail to comply with even one condition of your agreement, the prosecutor may move to revoke your sentence and recommend sanctions for your non-compliance.,

Probation Violation Penalties

The consequences for probation violations are determined based on the type and severity of your violation. Your probation officer will notify the court of the alleged violation and request that a review or show cause hearing be set in order to address the violation.

The Revised Code of Washington (RCW) 9.95.220 states, “for this purpose, any peace officer or state parole officer may re-arrest any such person without warrant or other process. The court may, in its discretion, and without notice, revoke and terminate such probation.”

A preponderance of the evidence is required to find you in violation of your probation. If you are found in violation, you will face additional sanctions, which may include increasing the length and terms of your probation, community service, or mandatory rehabilitation program attendance. Additionally, you may be sentenced to time in custody or to serve out the remainder of your original sentence.

Penalties for violating probation can be as severe as the original consequences of your conviction. To avoid the harshest consequences, you should work closely with a probation violation lawyer in Seattle who can get you the best outcome possible.

Probation Violation Hearings

Your probation violation hearing is a legal proceeding to determine whether you have violated the terms and conditions of your probation. At the hearing, the prosecution or probation officer and the defense present evidence. The judge then decides if a violation occurred based on a “preponderance of the evidence” standard.

When you’re accused of violating probation, you have the right to:

  • Obtain a written notice of the claimed violations against you
  • Have representation by an attorney
  • Have your case heard before a neutral judge
  • Present witnesses and evidence to contest the allegations

Outcomes can range from no violation found to modification of probation terms to full revocation of probation with potential jail or prison time. Sometimes, the probationer may have the right to appeal the decision.

Defenses Against Probation Violation Charges

Properly preparing for a review or show cause hearing is vital. Proving that you are in compliance or explaining that there is a reasonable explanation for why you are not in compliance is necessary to avoid sanctions or to lessen the sanction.

Your probation violation attorney may employ one of several defense strategies to minimize or eliminate the penalties you are facing, including:

  • Demonstrating through recorded travel routes and phone records that you did everything possible to comply with the terms of probation.
  • Highlight that improper drug or alcohol testing methods were used
  • Argue that you were hospitalized or unable to participate in a required program or meet with your probation officer.
  • Provide an explanation for the violation and show proactive steps toward getting back into compliance.
  • Provide evidence and argue that the allegations are unfounded and cannot be substantiated.

Other defenses may be more appropriate depending on the nature of the probation violation allegation.

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Washington Probation Violations: Info & Resources

Our Seattle-based probation violation lawyers are here to help you effectively handle an accusation that you violated the conditions of your probation. We will ensure the court and prosecution uphold your rights. If you’ve been accused of violating your probation, contact Emerald City Law Group immediately.

Will I Automatically Go to Jail if I Violate Probation?

Not necessarily. The consequences of a probation violation depend on various factors, including the nature and severity of the violation, any prior offenses, and the judge’s discretion.

Can I Fight a Probation Violation Charge?

Yes. You have the right to an attorney at the review or show cause hearing. You can also present evidence and witnesses to prove you did not violate your probation.

Do I Need a Lawyer for a Probation Violation Hearing?

While you’re not required to have a lawyer, it’s highly recommended. An attorney can help you understand your rights and navigate the legal process.

Don’t Wait. Call a Seattle Probation Violation Lawyer

Working closely with a defense attorney who understands Washington laws and can help protect your rights is essential. If you cannot contact us right away, you can have a family member or friend call Emerald City Law Group. We will help them understand the next steps forward.

Emerald City Law Group Will:

  • Explain the law and your legal rights.
  • Investigate the accusations against you.
  • Negotiate with the prosecution.
  • Represent you at the probation violation hearing.
  • Help keep you out of jail.
  • Assist you in getting back into compliance.

Probation Violation Defense Attorneys Serving Washington – Free Consults 24/7

Emerald City Law Group provides Seattle and the greater Washington area with high-caliber legal representation for those facing probation violation accusations.

Seattle – Local Areas Served

  • King County – Bellevue, Auburn, Kent, Renton, Federal Way, Kirkland, Redmond, Bothell, Carnation, Duvall, Issaquah, Maple Valley, Mercer Island, Sammamish, Seattle, & Woodinville
  • Snohomish County – Everett, Lynnwood, and Marysville.
  • Pierce County – Tacoma, Puyallup, Gig Harbor, and Lakewood

Greater Washington

  • Grays Harbor
  • Kittitas County
  • Spokane County
  • Cowlitz County
  • Douglas County
  • Mason County
  • Skagit County
  • Thurston County
  • Island County
  • Mason County
  • Grays County
  • Kitsap County
  • Lewis County
  • Whatcom County
  • Whitman County
  • San Juan County