ORS 475.245 Probation Agreement for Certain Crimes
With the agreement of the district attorney, your attorney can assist you in in obtaining a conditional discharge agreement, which can lead to even certain serious felony charges being dismissed. The following attorney-reviewed summary is simplified, please consult an attorney for full details and to see if it applies to your case.
What is a Conditional Discharge Agreement?
- Deferring Charges: If someone is accused of certain crimes (like drug possession or endangering a child), the court can let them go on a type of pre-trial probation. This happens only if the person and the prosecutor agree to it.
- Terms of Probation: The person and the court will make an agreement about what the person needs to do while on probation. This could include paying back any money they owe to victims or going to counseling.
Which Crimes Does This Apply To?
This rule applies to certain crimes involving:
- Having illegal drugs.
- Having too many marijuana plants or products.
- Putting a child in danger because of unlawful drug activity.
- Hanging out where drugs are used.
- Stealing because of a drug addiction.
What Happens If the Person Follows the Agreement?
- If the person follows all the rules of the probation agreement, the charges against them will be dropped. This means they won’t have a criminal record for that offense.
What Rights Does the Person Give Up?
By agreeing to probation, the person gives up some of their rights, such as:
- The right to a quick trial by jury.
- The right to present evidence or question witnesses.
- The right to appeal if they are later found guilty.
What Happens If the Person Breaks the Agreement?
- If the person breaks the rules of the probation agreement, the court can punish them with up to 30 days in jail.
- The court can also decide to go ahead with the trial regardless of the agreement.
What Happens If the Person Finishes Probation?
- If the person completes all the terms of the probation agreement, the charges will be dropped permanently. They can only get this benefit once.
What If Probation Ends and the Person Didn’t Finish?
- If the probation period ends and the person didn’t finish all the terms, the court can make them come back and explain why. The court can then either give them more time to finish probation or find them guilty of the crime.