Frederick County Probation Violation Lawyer
A violation of probation hearing determines whether you violated court-ordered conditions. Potential consequences include jail time on suspended sentences, striking a PBJ, or civil judgments affecting credit and future sentencing exposure.
If you have a violation of probation in Frederick County, contact an attorney right away.
What's at stake?
If found in violation of probation, the court can impose part or all of your backup time, potentially consecutive to any sentence for a new charge. Consequences depend on whether the violation is "technical" or "non-technical."
Penalties for "Technical Violations"
The Justice Reinvestment Act (JRA) sets presumptive caps for technical violations (special-condition breaches that don’t involve a new criminal offense, violating a no-contact order, or absconding): 15 days (first), 30 days (second), 45 days (third). A fourth technical violation may allow full backup time. Courts can exceed caps with findings but usually 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 trigger 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 generally do not violate probation.
How does a hearing on a violation of probation work?
VOP hearings are informal and the Rules of Evidence are relaxed. 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 considers 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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6304 Woodside Court, Suite 110, Columbia, MD 21046
(410) 346-9384
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14513 Main Street, Ste B, Upper Marlboro, MD 20772
(301) 720-1917