Understanding Maryland Probation Violations: What Happens After An Alleged Violation?

The law considers probation a second chance, rather than being incarcerated. You get to stay in your community and follow the conditions set forth by the court. But probation comes with certain stipulations, and if you violate them, then you might face severe consequences. When you are faced with a probation violation charge in Maryland, you need to know what will happen next and how a lawyer can help.

What is probation? 

Probation is an order of the court where you’re required to perform certain tasks and be supervised by the court. The conditions may include reporting to a probation officer, securing employment, avoiding criminal activity, taking drug tests, attending rehabilitation centers, and paying any outstanding fees.

If someone fails to meet the set conditions, a violation of probation may result.

Types of probation violations 

Violations of probation are divided into two major groups: technical and substantive.

A technical violation occurs when a probationer fails to fulfill a probation requirement, but the failure itself does not constitute a crime. Examples of such violations include failing to attend a scheduled meeting with a probation officer, testing positive for drugs, failing to complete community work, and failing to pay certain debts ordered by the court.

The second type of probation violation is a substantive violation, which usually means a person has been accused of violating criminal law during probation.  Certain other serious actions, such as absconding from probation supervision altogether, may result in an allegation of a substantive violation.

What happens after a probation violation? 

If the probation officer believes there is a violation, they may request the issuance of a warrant or summons against the individual, requiring the individual to appear before the judge. A hearing would then be scheduled for the probation violation.

In the case of a violation of probation hearing, unlike in criminal trials, where the prosecutor must establish the guilt of the accused beyond any reasonable doubt, the standard of proof required here is much lower. This means that even an allegation that cannot be proved beyond a reasonable doubt could still result in a finding that a defendant has violated their probation after a hearing.

The accused person may be represented at this hearing by an attorney who may help prove that the allegations are false or overblown.

Potential consequences 

The sanctions imposed for violation of probation depend on the specifics of the case and other individual factors. Consequences include:

• A warning by the court
• Revision of terms of probation
• Lengthening of probation
• Need for more treatment or counseling
• Imprisonment for a short time
• Revoking probation and serving jail time under a previously suspended sentence

Due to possible serious consequences, a violation of probation should be taken seriously.

Talk to a Bel Air, MD, Criminal Defense Lawyer Today 

Schlaich & Thompson, Chartered, represents the interests of Bel Air, MD, residents who are facing criminal charges. Call our Bel Air criminal lawyers today to schedule an appointment, and we can begin preparing your defense right away.