For juvenile first offenders, probation is often imposed by the court instead of a fine. You will be expected to do certain things (called "conditions") during the time you are on probation, usually a period of 6-12 months. If you complete all the conditions, the court will terminate probation and close your case. You will not have to pay a fine, though you may be required to pay a diversion fee to the court (see below).
What if I don't complete all the conditions of probation?
If you don't satisfy all (100%) of the conditions of probation, you may have committed a probation violation. You'll be required to come into court again. If you don't believe that you violated probation, you can ask for a hearing where the City must show that you're in violation. If you're not found to be in violation, there will be no penalty.
If you admit the violation, or if the court finds a violation after a hearing, the judge may impose a fine or some other penalty. The court may extend the period of probation, order additional community service, require you to go to counseling, or impose other penalties.
What are the "five standard conditions" of probation?
These are the conditions that apply to everyone. If you don't comply with all five of these conditions, you are in violation of your probation. The conditions include:
- Violate no federal, state or local laws, including curfew laws.
You must obey all laws. If you are charged with a new offense, you may be in violation of probation. This includes the curfew laws. State law prohibits juveniles from being in any public place between the hours of midnight and 4:00 a.m., with certain exceptions (ORS 419C.680). Local curfew laws may be more strict, so you are encouraged to check with the city and county where you live. Parents who allow teenagers to be out after curfew are also in violation of Oregon law. A new offense may also be prosecuted separately in the Washington County Juvenile Court.
- Advise parents or guardians of the youth's whereabouts at all times.
- Attend school or educational program, make best grades capable, obey all school rules and avoid suspension or expulsion.
You will be required to remain in school and do as well as you can. You should follow school rules carefully to avoid being suspended or expelled. Unless you are sick or have some other legitimate reason, failure to attend school is a probation violation.
- Obey all reasonable rules of the household.
- Keep the court informed of current address and phone number.
These are conditions that can vary depending on the type of offense you committed and other circumstances.
What is a "diversion fee?"
This is an administrative fee charged by the court for handling your case. Even though it is not a "fine," it is an obligation to the court that must be paid in full within 30 days.
What is "community service?"
You will be required to perform a certain number of hours of community service at a nonprofit organization in Tigard or another community. You will be given a list of approximately 15 nonprofit agencies to choose from. You may prefer to do your service at an agency close to where you live. You must contact that agency within 30 days and make arrangements to do your service. You and the agency can decide what schedule works best. You must complete all community service within 90 days of your court appearance. The court will not send out any reminders. Once your community service is done, you'll need to send proof directly to the court using the form we'll provide to you.
What is "restitution?"
Restitution means compensating a victim for the damage caused by criminal behavior. If you may be required to pay restitution, you will be given more details during your first appearance in court.
What is a "counseling program?"
These programs are designed to educate young people about the consequences of crime for themselves and others. For example, teens convicted of shoplifting will be required to complete the Theft Talk program within 90 days of their court appearance. Most counseling programs last one day, although some programs are longer. You may also be ordered to take part in individual counseling with a qualified professional. Parents can be required to attend a teen parenting program. You must make arrangements to the program within 30 days of your court appearance. The court will not send any reminders. In most cases, the program will send proof of your attendance directly to the court. It is your responsibility to make sure this proof is sent to the court.
What is required in a letter of apology?
Letters of apology should be addressed to the victim in your case, which includes the owner of the store in a shoplifting case. The letter should be sincere, in your own words and 1-2 pages in length. Be sure to send the letter within 90 days and mail a copy to the court.
In shoplifting cases, why is the store demanding that I pay a "civil penalty"?
Under Oregon law, a retailer can recover the value of shoplifted merchandise plus a penalty of up to $250. This is a separate civil proceeding that has nothing to do with the Tigard Youth Court. You may want to contact a lawyer to learn more about your legal rights.
What other special conditions can the court impose?
Additional conditions may be appropriate in certain situations. For example, the court can order you not to have any contact with certain people. You may also be prohibited from driving or riding in a vehicle without the permission of a parent or guardian.
What is "expunction?"
Expunction is a procedure for clearing your record once you reach the age of 18, provided you complete probation and maintain a clean record. You should contact a lawyer or the court when you turn 18 so you can apply to the court for expunction.