Probation Violation
Probation Violation Defense in Spokane
Prompt Defense for Probation & Community Custody Allegations
A probation violation allegation can quickly lead to a hearing, warrant, or confinement. Maxey Law Office represents people accused of violating court-ordered probation or Washington Department of Corrections (DOC) community custody conditions in Spokane and across Eastern Washington.
Founded in 1980, we provide personalized criminal defense consultations, regular case updates, and flexible scheduling, including evening and weekend appointments. When circumstances require it, we may also meet with a client at a home or hospital.
Call (509) 652-3330 for prompt guidance about an alleged violation, upcoming hearing, arrest, or warrant.
How Probation & Community Custody Violations Differ in Washington
Washington uses probation and community custody for separate supervision systems. Probation violations generally concern court supervision, while community custody violations involve DOC supervision following a felony sentence.
Under RCW 9.95.220, a person accused of violating court probation is brought before the court that granted probation. RCW 9.94A.716 allows DOC to issue an arrest warrant when it alleges that a person violated a community custody condition.
Violation allegations may involve:
- Missing a required report
- Failing to follow a supervision condition
- Failing a required test
- Facing a new criminal allegation
- Failing to complete a required program
Maintaining contact is particularly important during community custody. RCW 72.09.310 provides that a person who willfully makes their whereabouts unknown or fails to maintain required contact with DOC is deemed an escapee and fugitive from justice. We can identify which supervision system applies and review the conditions involved in the allegation.
Hearings & Possible Sanctions After an Alleged Violation
RCW 9.94A.716 allows a community corrections officer with reasonable cause to suspend a person’s community custody status, make an arrest, and place the person in total confinement, meaning custody in a correctional facility while the alleged violation is pending.
Court probation follows a different procedure. Spokane County Superior Court schedules Probation Violation Hearings for Wednesdays at 3:00 p.m. in the Chief Criminal Department. Under the court’s local rules, the Chief Criminal Judge hears or assigns probation violations, criminal motions, and alleged violations of conditions of sentence.
DOC Hearings & Sanctions
RCW 9.94A.737 establishes a process that classifies community custody violations as low-level or high-level. For someone who isn’t in custody, the statute generally requires the applicable hearing within 15 business days, but no sooner than 24 hours after written notice. For someone in custody, it generally requires the hearing within five business days.
A low-level violation may result in a nonconfinement sanction or up to three days in total confinement. A high-level violation may result in up to 30 days in total confinement per hearing. The available sanction depends on the alleged conduct, the person’s supervision status, and the applicable DOC process.
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Building a Defense to an Alleged Supervision Violation
We begin by examining the written supervision conditions, the specific allegation, the notice provided, and the supporting records. This review can show whether the claimed conduct violated an actual condition and whether the evidence supports the allegation.
At a DOC hearing, a hearing officer may not rely on unconfirmed or unconfirmable allegations to find a community custody violation. We can prepare for the hearing, address a related bench warrant, and present information relevant to the allegation and any potential sanction.
A person may appeal a DOC community custody sanction in writing within seven days after it’s imposed. The appeal goes to a panel of three reviewing officers. We can first determine whether the matter is an administrative community custody proceeding or a court probation case.
Related Charges & Proceedings
Our work includes parole violations, bond hearings, administrative hearings, and bench warrants. We also handle District Court cases, felony matters, juvenile offenses, criminal appeals, and other criminal cases.
When a new criminal charge accompanies the supervision allegation, we may seek dismissal or reduction of the charge early when the circumstances support it. We also pursue alternatives to incarceration when appropriate. Our firm has an AV Preeminent® rating from Martindale-Hubbell® and a trial-tested approach to contested cases.
Get Timely Guidance Before Your Hearing
A prompt review can clarify the type of supervision involved, the process ahead, and the options available for responding. We offer a free initial consultation to discuss the allegation.
You may reach us through our contact form if you prefer to write.
Call (509) 652-3330 to request your free initial consultation with Maxey Law Office.
