Baltimore County Probation Violation Lawyer
A violation of probation hearing in Maryland determines whether you violated court-ordered conditions. Consequences can include jail time on previously suspended sentences, striking of a Probation Before Judgment (PBJ), or civil judgments that affect credit and future sentencing exposure.
If you have a violation of probation in Baltimore County, speak with an attorney now.
What's at stake?
If found in violation of probation, the court can impose part or all of your suspended time. This can run consecutive to any sentence in a new case. Not every violation warrants maximum time—what the court may do depends on whether it's "technical" or "non-technical."
Penalties for "Technical Violations"
The Justice Reinvestment Act (JRA) sets presumptive caps for 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, failing treatment, or unpaid restitution.
Presumptive caps: first 15 days, second 30 days, third 45 days; a fourth may allow full backup time. Courts can exceed caps with findings, but generally follow them.
Penalties for "Non-technical" violations of probation
Non-technical violations include a new conviction while on probation, no-contact order violations, or absconding (not reporting). These can lead to the full backup time. Even if a new charge is dismissed, the State can proceed in VOP on a lower standard of proof.
Minor civil moving violations like a speeding ticket typically don't violate probation; new criminal convictions can.
How does a hearing on a violation of probation work?
VOP hearings are informal, with relaxed evidence rules. The State must prove a violation by a preponderance of the evidence. You may admit or deny, testify, present witnesses, and cross-examine the State's witnesses, commonly the probation agent. If found in violation, the court considers mitigation before imposing any sanction.
Defenses and mitigation strategies often make a significant difference.
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Call our 24-hour attorney line to reach Max Frizalone or Luke Woods directly, or use the contact page for a free consultation.
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14513 Main Street, Ste B,
Upper Marlboro, MD 20772
(301) 720-1917
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6304 Woodside Court, Suite 110
Columbia, MD 21046
(410) 346-9384