Howard County Probation Violation Lawyer
A violation of probation hearing determines whether probation conditions were violated. Consequences can include jail time on previously suspended sentences, striking of a Probation Before Judgment (PBJ), or a civil monetary judgment that can impact credit and future sentencing exposure.
If you have a violation of probation in Howard County, talk to an attorney immediately.
What's at stake?
If found in violation of probation, the court can impose all or part of your backup time, potentially consecutive to any sentence in a new case. The court’s options 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 can lead to 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, violating a no-contact order, or absconding (not reporting). These may 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 do not violate probation.
How does a hearing on a violation of probation work?
VOP hearings are informal, with relaxed evidentiary 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—often your probation agent. If the court finds a violation, it receives mitigation before deciding any sanction.
Contact Us
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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Columbia Office
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