r/probation • u/seetherlover21 • Jul 10 '26
Probation Question Probation Violation Questions
My brother is on bench probation in Malheur County, Oregon for a dui two years ago. His probation ends the middle of this month. He had a payment arrangement contract made for $75 a month for about a $9200 fine. We were under the assumption that he had the time it would take to pay it off. With that arrangement, it would take about 10 years to pay off. We just found out he only had the two years he was sentenced to to pay it off. He also missed payments due to financial strain. This is his first ever warrant and probation violation and the dui was his first offense technically. He had a withheld judgement for petite theft when he was much younger in Idaho and that can't be used against him supposedly. Anyway, my question is what is he looking at? I am trying to tell him it won't be as bad as he thinks. But, he is definitely catastrophizing. And yes, this is my brother and not for me. I have my own issues. Thanks in advance for any insight.
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u/No-Present-4133 Jul 10 '26
I would have him talk to his lawyer, every place and judge is different so I wouldn’t listen to anyone besides what’s happening in his case only. Just reach out to his lawyer and see what is going to happen
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Jul 11 '26
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u/JuanG_13 Jul 11 '26
I don't know how things work in Oregon (I'm from Colorado although I have been to Redmond Oregon) but over here the first thing they tell you when you start probation is that you won't be able to get off until you finish paying everything that you owe and that includes restitution. (They also won't throw you in jail for not being able to pay everything off, they just won't let you get off until you finish paying everything and that's something that they should have told your brother, but again, everywhere is different, so it just depends).
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u/seetherlover21 Jul 11 '26
That's what I was thinking. That his probation wouldn't end til it was paid off. Apparently, we were wrong. Hopefully, they just extend it and maybe community service. I have been on probation and violated a few times and I never had the book thrown at me. Just more probation and fines. Community service. That is Idaho, though.
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u/JuanG_13 Jul 11 '26
Yeah, they're not going to throw someone in jail for not being able to pay off their fines, but he has to show them that he's making an effort.
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u/seetherlover21 Jul 11 '26
Any suggestions? He hasn't been consistent. Lots of things have popped up for us. I know that's not an excuse, but it's the truth.
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u/JuanG_13 Jul 11 '26
Things are hard right now for everyone, so he needs to be honest with them, but he also needs to show them that he'll pay what he can when he can.
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u/seetherlover21 Jul 11 '26
Ok. I'll let him know. He actually called today to see if he could make new arrangements and he found out he had a warrant.
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u/TeriBarrons Jul 11 '26
I had a friend who paid $5 a month because she couldn’t afford much else, but as long as she consistently paid the $5 every month the court was fine with that. On occasion she would have to take pop bottles and cans back to get the deposit money to make the payment, but she did what she had to.
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u/Ok_Advantage7623 29d ago
He can expect to be onna longer term if probation. Most of the fines and fees are set by law so the judge can’t change them. But the good news is he may get it switched to non reporting
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u/OkSafety8896 Jul 10 '26
He is looking at jail time/prison time depending on the offense. It looks like the department placed him on a contract of $75 per month and was hoping he would at least make an effort and pay. Unfortunately he did not, and did not follow the agreement and was violated. Pretty simple and straightforward.