Probation violation Lawyer Carroll County
A violation of probation hearing in Maryland is a proceeding to revoke a Defendant's probation often resulting in that person going to jail for some or all of a sentence, can result in a striking of the probation before judgment (PBJ), or a civil monetary judgment that can impact your credit rating, as well as impact your "offender score" for sentencing guidelines purposes. Someone who has been found to have been in violation of probation can get a greater sentence if they commit an offense in the future just for having that prior violation of probation. If you have a violation of probation in Maryland, you need to speak with a qualified attorney right away.
What's at stake?
If found in violation of probation, you can be given all the jail time that had been suspended at sentencing for the original offense. This sentence can be consecutive to, or in addition to, any jail sentence you receive from a new charge that may have violated your probation. However, all the back up time is not appropriate with more minor violation, and there are some limitation as to what a court can do with a violation depending on whether it is considered "technical" or "non-technical". It is imperative that you have a criminal defense attorney to represent you at a Violation of Probation hearing to argue against jail, conviction, civil judgment, and impact on your criminal record.
Penalties for "Technical Violations"
A few years ago, the legislature enacted the Justice Reinvestment Act (JRA) that had the goal to reduce incarceration for non-violent offenders, and restructure the sentencing tendencies of some heavy handed judges. A part of the JRA instructs that there be a "presumptive cap" on the amount of time a person can receive if found in technical violation of probation. A technical violation would be violation of a special condition that doesn't involve a new criminal offense, violating a no contact order, or absconding from supervision. These would be cases of testing positive for controlled dangerous substances, failing to complete a treatment program, failing to pay restitution, or similar special conditions. The presumptive cap for a person's first technical violation is 15 days, for the second 30 days, and the third 45 days. A fourth technical violation can result in a person receiving the entirety of their backup time. These presumptive caps are not binding, and a court can exceed them if they make findings on the record related to, for instance, danger to the community, but for the most part, judges abide by the presumptive caps.
Penalties for "Non-technical" violations of probation
A non-technical violation would be one for receiving a new conviction while on probation, for failing to abide by a no contact order with a specific individual, or for absconding, which means failing to report to an agent for more than a couple times, and effectively blowing off probation. With those violations, a person can receive the entirety of their back up time. It is important to note that even if you are found not guilty of a new charge, or the charge is otherwise dismissed, a State's Attorney can provide evidence to the court on a lower standard of proof that you failed to obey a law and convince the court that you have a ""non-technical" violation of probation.
How does a hearing on a violation of probation work?
A violation of probation hearing is conducted in an informal manner before the court and the strict application of the Rules of Evidence do not apply, although certain rules, for instance, related to proof of positive drug tests, still apply. It is considered a civil hearing in which the State only has to show that you are in violation by a preponderance of the evidence, that is, more likely than not. A defendant has the opportunity to admit or deny the violation, to testify, to present witnesses, cross-examine the witnesses testifying against the Defendant. In practice, the State's witness is generally the probation agent themselves, along with their case file. If found in violation, the Court gives the defendant the opportunity to make a statement and present information to the court to mitigate (lessen) the punishment that the Court may impose. For instance, you can provide information that you did not intend to violate a particular condition, or that circumstances were such that it was difficult to comply because, for instance, health conditions, or homeless, or without transportation.
While the hearings do have a lower standard of proof, defenses are available for violation of probation hearings.
Hire an attorney who knows the bench.
Luke Woods and Max Frizalone have spent the last two years becoming familiar with the Circuit Court Judges in Carroll County. Going to Court unprepared, or with an attorney who does not know the jurisdiction, could result in an unfavorable outcome.
Carroll County Trial Lawyers
Max and Luke formed FrizWoods to provide tailored criminal defense representation to clients across Maryland. They both previously worked as Public Defenders for the State of Maryland and Max also worked as a States Attorney in Prince George's County. FrizWoods is a collaborative law firm, in which Max and Luke tackle cases as a team. You don't have to hire a one man operation, hire the FrizWoods team and we will put together a joint legal defense on your case. Max and Luke are unafraid to take cases to trial, which is why both Luke and Max have a wealth of five star reviews under their belt.
Don't get stuck with an ambulance chaser for an attorney
Luke and Max are trial lawyers through and through. While many lawyers try and wear a few too many hats, Luke and Max specialize in what they know best, criminal law. While we can certainly refer you to someone that might help with a different type of case, Frizwoods only takes on criminal cases. We make sure to provide the best client experience possible by providing attentive and knowledgeable representation in everything we do.FrizWoods LLC has the feel of a small firm without sacrificing quality. Max and Luke are proud to serve as attorneys, having defended clients for nearly 20 years. Together they work hard to deliver the same high-quality criminal defense representation that you would expect from a large firm, but with the personal touch of a smaller one. This means building relationships with clients based on trust, understanding what they need, providing them with talent and expertise they deserve - all at a fair price - so that we can be an integral part of solving their legal problems successfully.