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360-659-4950 or 1-888-WA-LAW-NW (1-888-925-2969)

Recent Results:

DUI - case dismissed

Assault in the 4th Degree - Domestic Violence - "NOT GUILTY" at trial

DUI - evidence suppressed, case dismissed

Felony drug possession - reduced to gross misdemeanor, no jail

Assault in the 4th Degree - Domestic Violence and Interfering with Reporting Domestic Violence - "NOT GUILTY" at trial

DUI - resolved as infraction

Second Degree Assault (Felony) - "NOT GUILTY" at trial

Theft/Shoplifting - Dismissed

Felony Drug Possession - resolved as gross misdemeanor; no jail and case set for dismissal

Possession of Marijuana – Dismissed

Client's 3rd DUI in 7 years- reduced to Negligent Driving 1st Degree

Trespassing - Dismissed

Assault in the Fourth Degree – Domestic Violence – No convictio

Possession of Marijuana and Possession of Drug Paraphernalia - Dismissed

DUI with .19 BAC- resolved as Negligent Driving; to be dismissed after a year

Hit and Run Attended - Dismissed

Negligent Driving First Degree – Reduced to traffic infraction

Trespassing – Dismissed

Manufacture of a Controlled Substance (Felony) - reduced to gross misdemeanor, no jail

Assault in the 4th Degree - Domestic Violence - Dismissed

Rendering Criminal Assistance - Dismissed

Malicious Mischief (Domestic Violence) - Reduced to Disorderly Conduct; No Jail, firearm rights retained

Assault in the Fourth Degree - Domestic Violence - No Contact Order dropped, Case Dismissed

Hit and Run Unattended - Dismissed

Possession of Marijuana and Possession of Drug Paraphernalia - Dismissed

Theft in the Third Degree - Dismissed

Negligent Driving in the First Degree - reduced to simple traffic infraction

Reckless Driving - Reduced to simple traffic infraction; no license suspension

Assault in the Fourth Degree - Domestic Violence; Original offer 60 days jail; result in Disorderly Conduct, no jail.

DUI - Dismissed and refiled as Negligent Driving - no jail, no license suspension

Assault in the Fourth Degree - Dismissed on Compromise of Misdemeanor

Furnishing Liquor to Minors - Dismissed

No Contact Order dropped

Felony Drug Possession - resolved as gross misdemeanor; no jail and no treatment

Federal Drug Possession - Dismissed

Driving with Suspended License - Dismissed

Theft in the Third Degree - Dismissed

Possession of Drug Paraphernalia - Dismissed

Assault in the Fourth Degree - Domestic Violence - Dismissed

Two counts of assault with a firearm - one day jail; case to be dismissed after 12 months probation.

Probation Review Hearing - New Criminal Charges - No Action by Court

Client's Third DUI - resolved as Negligent Driving

Frequently Asked Questions about Alleged Criminal Violations in Arlington, Edmonds, Everett, Lake Stevens, Lynnwood, Marysville, Monroe and the rest of Snohomish County, Washington

Is this a Probation Violation?

This question usually follows a typical form: A year ago, I was convicted of a crime (Reckless from DUI, assault, disorderly conduct, etc.) and placed on probation (for a period of time, usually 12 to 60 months). I recently was charged with a new crime while still on probation; is that a probation violation?
Whether a new charge is a probation violation depends on the terms of the judgment and sentence for the original crime. Some sentencing judges will put as a condition of probation “no new criminal convictions” while some will say “no new criminal charges supported by probable cause.”

If your sentence said “convictions,” the new charge is not a probation violation. If it says “charges supported by probable cause,” a new charge technically is a probation violation. However, if you are able to reach a successful outcome on the new charge (such as a dismissal or “not guilty” verdict at trial), most judges will take that into account in determining whether a probation violation has occurred, and if so, what punishment will be imposed for the violation.

Note: for DUI convictions, a mandatory provision of probation is to have no new criminal driving charges (such as Driving with a Suspended License, Driving without an Ignition Interlock Device, etc.). If you violate that provision, the judge is statutorily required to impose 30 days jail for each new charge, although a skilled lawyer should be able to minimize any actual jail time.

Probation violations often result in worse punishment than the new criminal charge, and should be treated very carefully. It is highly advisable to at least consult with an attorney regarding your situation. In most cases, hiring an attorney who is familiar with probation violation hearings is a very good idea.

Visit our probation hearings webpage for more information, or call us at (360) 659-4950 for a free, no-pressure consultation.

Back to Frequently Asked Questions

Our Contacts:
Marysville Office: (360) 659-4950
Burlington Office: (360) 757-8470

This page is not intended to be, and does not, constitute legal advice. If you need legal advice, please contact an attorney.

4025 80th Street NE, Suite B
Marysville, WA 98270

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The Ashbach Law Offices, LLC criminal defense practice focuses on DUI – Driving Under the Influence, Reckless Driving, Negligent Driving, Driving with a Suspended License, Hit and Run, Assault, Domestic Violence, Drug Possession (including marijuana),and Paraphernalia Possession, Malicious Mischief, Public Disturbances like Disorderly Conduct, Theft, No-Contact Orders, Harassment, Probation Violation Hearings, as well as speeding tickets.
We defend our clients in all of Snohomish County and Skagit County, as well as North King County. These counties include the following cities in Washington: Anacortes, Arlington, Brier, Burlington, Concrete, Darrington, Edmonds, Everett, Gold Bar, Granite Falls, Index, La Conner, Lake Stevens, Lynnwood, Marysville, Mill Creek, Monroe, Mount Vernon, Mukilteo, Sedro Woolley, Snohomish, Stanwood, Sultan, Woodway.
These cities include the following courts in Washington: Anacortes Municipal Court, Burlington Municipal Court, Cascade District Court, Edmonds Municipal Court, Everett District Court, Everett Municipal Court, Evergreen District Court, Lynnwood Municipal Court, Marysville Municipal Court, Mount Vernon Municipal Court, Sedro Woolley Municipal Court, Skagit County District Court, Skagit County Superior Court, Snohomish County District Court, Snohomish County Superior Court , South District Court.

We also now have an office located at 2520 Colby Ave, Suite 117, Everett, WA 98208.

For a free, no-pressure consultation, call 360-659-4950 or 1-888-WA-LAW-NW (1-888-925-2969)

Sample Reviews:

"Working with Mr. Ashbach brought a great sense of peace to me and to my family. I was so relieved the day in which I hired him, and appreciated not only his knowledge, but his approachable and trustworthy character, as well as his availability. Brian is very diligent and dedicated, and I would highly recommend him to anyone in need of a strong defense. "

"Communication with Brian was amazing, he would always respond ASAP and would provide useful information, worked hard getting the case dismissed. Highly recommended."

"Brian Ashbach represented me in my criminal case and I can’t tell you how pleased I am with the results. I had a very challenging case and was amazed when it was dismissed. Brian was very dependable and conscientious of my situation and exceeded my expectations. I would definitely recommend his services to others. "

"Brian Ashbach represented me in my criminal case and I can't tell you how pleased I am with the results. I had a very challenging case and was amazed when it was dismissed. Brian was very dependable and conscientious of my situation and exceeded my expectations. I would definitely recommend his services to others."

"Hiring Brian is the best thing I could do for myself. He kept me informed on everything I needed to know, acted professionally, and even got my case dismissed by one of the toughest prosecutors in the county. I will be recommending him to anyone who needs a lawyer."

"Brian did a great job for us....resolved everything quickly and discretely. I would definitely hire him again and recommend him to family and friends."

"Just wanted to say how much I appreciate your help in handling my DV assault charges. I feel as if a great weight has been lifted from my shoulders. I could not have done it without your help. I feel that your rates were extremely reasonable for the amount of work you put in on my case, and I will be referring you to everyone I know that may need counsel."

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More Recent Results:

Assault in the Fourth Degree - Domestic Violence - amended to Disorderly Conduct and to be dismissed in twelve months

Possession of Marijuana and Possession of Drug Paraphernalia - Dismissed

Assault in the Fourth Degree - Domestic Violence - Dismissed.

Possession of Marijuana and Possession of Drug Paraphernalia - Dismissed

Malicious Mischief Third Degree - Domestic Violence - to be dismissed after 12 months; no treatment

Felony Drug Possession - Resolved as misdemeanor, no jail, no treatment

Theft in the Third Degree - Shoplifting - to be dismissed in 12 months

Client's Second DUI - resolved as Negligent Driving

Shoplifting - Dismissed

Negligent Driving Second Degree - Dismissed

Theft - Dismissed

Assault in the Fourth Degree - Domestic Violence - Dismissed at arraignment upon legal argument

Shoplifting - Dismissed

Possession of Dangerous Weapon - Evidence suppressed, case dismissed

Prostitution Charges - Dismissed

Failure to Comply with Police - Dismissed

First Degree Robbery - Resolved as Theft

Reckless Driving - No Conviction

Driving with Suspended Licence - No Conviction

Possession of Drug Paraphernalia - Dismissed

Reckless Driving - No Conviction

Trespassing - No Conviction

Possession of Marijuana and Possession of Drug Paraphernalia – Dismissed
Assault in the Fourth Degree – Domestic Violence – To be dismissed; no contact order dropped; no jail
Assault in the Fourth Degree – Reduced to Disorderly Conduct; no contact order dropped; no jail
Possession of Marijuana – Dismissed
Violation of No Contact Order – Dismissed
Possession of Marijuana – Dismissed
Driving with Suspended License – no conviction; no jail
DUI – Reduced to Negligent Driving
Assault in the Fourth Degree – Domestic Violence – Dismissed; no contact order dropped; no jail
DUI – Reduced to Negligent Driving