Prepping for, Litigating, and Winning Probation Violation Hearings
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Date: Thursday, April 14, 2022
Time: 12:00–1:00 p.m.
Cost: $25, OCDLA members only. Fee waivers available by request.
CLE: Approval pending for 1 general CLE credit.
Presented by Chris O'Connor, Multnomah Defenders Inc., Portland
Not every client will fail at probation, but for many of those that get wrapped up in a probation violation process the PV can be more important than the original trial or sentencing. Defense attorneys need to treat PVs like a trial and be ready to aggressively litigate things like confrontation, hearsay, motions to suppress and jurisdictional issues.
This presentation will educate and remind lawyers about probation conditions at sentencing, how to prepare clients to be on probation, a review of current case law on confrontation, a discussion of challenging telephonic testimony and will encourage a reexamination of the warrant/affidavit process in lots of older probations under the new Berglund case.
Chris O’Connor is an attorney at Multnomah Defenders Inc. in Portland. He focuses his practice on probation violation hearings. He is known to read the statutes and relevant case law and to then mention statutes and cases in court during probation violation proceedings, which infuriates many prosecutors and judges. You can follow him on Twitter @christopoconnor.