Charles County Probation Violation Lawyer
A violation of probation hearing determines whether probation conditions were violated. Possible outcomes include jail time on suspended sentences, striking a PBJ, or civil judgments that affect credit and future sentencing exposure.
If you have a violation of probation in Charles County, contact an attorney immediately.
What's at stake?
If found in violation of probation, the court can impose all or part of your backup time. This can be consecutive to any new sentence. The court’s options depend on whether the violation is "technical" or "non-technical."
Penalties for "Technical Violations"
Under the JRA, technical violations (special-condition breaches that don’t involve a new criminal offense, violating a no-contact order, or absconding) carry presumptive caps: 15 days (first), 30 days (second), 45 days (third). A fourth technical violation can result in full backup time. Courts can exceed caps with findings but generally follow them.
Penalties for "Non-technical" violations of probation
Non-technical violations include new convictions, violating no-contact orders, or absconding (not reporting). These can lead to the full backup time. Even when 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.
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 testify, present witnesses, and cross-examine the State's witnesses—often your probation agent. If found in violation, the court hears mitigation before imposing any sanction.
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Call our 24-hour attorney line to reach Max Frizalone or Luke Woods, 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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Columbia, MD 21046
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