Anne Arundel County Probation Violation Lawyer
A violation of probation hearing in Maryland is a proceeding to address whether someone violated conditions of probation. Outcomes can include jail time on previously suspended sentences, striking of a Probation Before Judgment (PBJ), or a civil monetary judgment that can affect credit and future sentencing exposure.
If you have a violation of probation in Anne Arundel County, speak with an attorney right away.
What's at stake?
If found in violation of probation, the court can impose all or part of the suspended time from the original case. This can run consecutive to any sentence from a new charge that caused the violation. Not every violation merits the full backup time; what the court can do depends on whether the violation is considered "technical" or "non-technical."
Penalties for "Technical Violations"
Under the Justice Reinvestment Act (JRA), there is a presumptive cap for time imposed on technical violations (violations of special conditions that don't involve a new criminal offense, violating a no contact order, or absconding). Examples include positive drug tests, failure to complete treatment, or failure to pay restitution.
Presumptive caps: first technical violation 15 days, second 30 days, third 45 days. A fourth technical violation can result in up to all backup time. Courts can exceed caps with findings, but most abide by them.
Penalties for "Non-technical" violations of probation
Non-technical violations include receiving a new conviction while on probation, violating a no-contact order, or absconding (failing to report to an agent). In these, a person can receive the entirety of their backup time. Even if a new charge is dismissed, the State may proceed in VOP on a lower standard of proof.
Note: a minor civil moving violation like a speeding ticket generally will not violate probation, but a new criminal conviction can.
How does a hearing on a violation of probation work?
VOP hearings are informal, and strict Rules of Evidence generally do not apply (some evidentiary rules still matter, like for drug test proof). The State must prove a violation by a preponderance of the evidence. A defendant may admit or deny, testify, present witnesses, and cross-examine the State's witnesses—often the probation agent with their file. If found in violation, the court hears mitigation before imposing any sanction.
Defenses and mitigation strategies are available in violation of probation hearings.
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