Saint Mary's County Probation Violation Lawyer
A violation of probation hearing determines whether probation conditions were broken. Potential outcomes include time on suspended sentences, striking a PBJ, or civil judgments that impact credit and future sentencing exposure.
If you have a violation of probation in Saint Mary's County, speak with an attorney immediately.
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. What the court can do depends 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 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 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 generally do not 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 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.
Visit our Offices
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