Will I go to prison for violating probation after a drug incident?

Full question:

After my husband got arrested for dealing methamphetamine, our home was raided. I was at home at the time and was charged and later sentenced. It has been 9 months since I was sentenced and I've been reporting to my probation officer, paid my fines, and did my compensatory services. The other day I was at a friends house to buy a car from them and while I was there their home was raided. I was searched and found with two vicoden pills; which I did not claim. They let us go and told me to report to my probation officer, which I did the next day. It was my first urine analysis and I couldn't do it because I had used two weeks prior and was scared it would be in my system. Since I couldn't do it, I was told to start coming in once a month. The next day they called me back in and made me sign an admission of a dirty urine analysis and told me to get prepared for a court date and then prison. They didn't cite me that night. Are they going to violate the departure and send me to prison?

  • Category: Criminal
  • Date:
  • State: Oregon

Answer:

If you violated a condition of your probation, it is possible that your probation could be revoked, leading to imprisonment. You have the right to a probation revocation hearing. At this hearing, the court will consider all relevant facts and circumstances to decide whether to revoke your probation.

Failure to follow the conditions of probation can result in various consequences, including arrest, modification of conditions, or revocation of probation. The court may impose structured, intermediate sanctions based on the severity of the violation and your history (Oregon Revised Statutes § 137.595).

It's advisable to consult with a local attorney and consider attending support meetings, such as Narcotics Anonymous, to discuss your situation with others who may have similar experiences.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To get a probation violation dismissed, you may need to demonstrate that the violation was not willful or that you have complied with all other probation conditions. It’s crucial to gather evidence and possibly witness statements that support your case. Consulting with a local attorney can help you navigate the legal process and present a strong argument at your revocation hearing.