Montgomery County Probation Violation Lawyer
A violation of probation hearing examines whether probation conditions were violated. Potential outcomes include time on suspended sentences, striking a PBJ, or civil judgments that can affect credit and future sentencing exposure.
If you have a violation of probation in Montgomery County, speak with an attorney right away.
What's at stake?
If found in violation of probation, the court can impose part or all of the backup time from the original sentence. This can run consecutive to any new sentence. What the court can do depends on whether the violation is "technical" or "non-technical."
Penalties for "Technical Violations"
Under the JRA, technical violations (violations of special conditions that don’t involve a new criminal offense, violating a no-contact order, or absconding) have presumptive caps: 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 new convictions, violating no-contact orders, or absconding (not reporting). These can result in the full backup time. Even if a new charge is dismissed, the State can pursue 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 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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Upper Marlboro Office
14513 Main Street, Ste B, Upper Marlboro, MD 20772
(301) 720-1917
Columbia Office
6304 Woodside Court, Suite 110, Columbia, MD 21046
(410) 346-9384