If you've been convicted of a misdemeanor in Yakima County, or you're trying to understand what a plea deal means before accepting one, probation is a term you're going to hear a lot. It sounds straightforward, but probation in Washington comes with real conditions and real consequences if you don't follow them.
Here's what you actually need to know.
What Probation Means in Washington
For misdemeanor convictions in Washington, courts can impose a period of probation rather than, or in addition to, jail time. During that period, you're required to comply with specific conditions set by the court. Think of it as a conditional release: you stay out of jail as long as you hold up your end.
Probation for misdemeanors in Washington is typically supervised by the court itself (through a probation department or monitoring company) rather than a state agency like DOC, which handles felony supervision.
Common Probation Conditions
The exact conditions depend on your offense and your judge, but standard conditions in Yakima County and Kittitas County courts often include:
No new criminal law violations. This is universal. Getting arrested for anything, even something that doesn't result in a conviction, can trigger a probation violation hearing.
Alcohol and drug restrictions. For DUI-related probation, this typically means no alcohol consumption at all, not just no driving impaired.
Ignition Interlock Device (IID). Required for DUI convictions in Washington, usually for one year or more depending on your BAC and prior history.
Fines and court costs. You'll have a payment schedule to follow.
Treatment or counseling. Courts in Yakima often require alcohol or drug treatment assessments and follow-through for DUI cases.
No contact orders. Common in domestic violence cases.
Check-ins. Depending on the court and your monitoring setup, you may need to check in by phone, app, or in person.
What Happens If You Violate Probation
A probation violation in Yakima County or Kittitas County starts with the court issuing a show cause order or bench warrant. You'll be required to appear and explain why you violated the terms, or you'll be arrested on the warrant if you don't appear.
At a probation violation hearing, the standard of proof is lower than at trial. The court just needs to find that it's more likely than not that you violated a condition. You don't get a jury, it's just a judge.
If the court finds you violated probation, consequences can include extending the probation period, adding new conditions, imposing suspended jail time you were originally avoiding, or in serious cases, revoking probation entirely.
This is why a probation violation shouldn't be treated casually. Even a technical violation, like a missed check-in or an incomplete treatment requirement, can land you in jail.
Can Probation Be Modified or Terminated Early?
Yes, in some cases. If you've complied with all conditions and served a significant portion of your probation, an attorney can file a motion to modify or terminate probation early. Courts in Yakima County and Kittitas County are often receptive to these requests when the record is clean.
If you're facing a probation violation or want to discuss your options, call for a free consultation: (509) 293-7593.
Tony Swartz is a criminal defense attorney based in Ellensburg, WA, serving clients throughout Yakima and Kittitas Counties.