Maryland Probation Violation Lawyers

Violation of Probation (VOP) is the offense that is committed when one violates the terms of his probation. The consequences of violating probation will result in a punishment that depends upon a number of factors. The seriousness and the nature of the underlying offense is taken into consideration as is the nature and frequency of the violations themselves. The number of previous violations committed is also considered.

There are other factors which are responsible for increasing or decreasing the punishment for the probation violator. Breaking probation may result in incurring various penalties such as heavy fines or an extension of the probation period. The punishment may also, of course, include the imposition of all or some of the originally suspended prison sentence.

Ways in which probation is violated

Generally speaking, probation is violated when one chooses to avoid or ignore the law. For example, being charged with a new offense while currently on probation will likely result in the institution of violation of probation proceedings. The failure to complete a Court ordered program, pay fines or costs or maintain the required reporting schedule are all terms and conditions that can lead to violation of probation proceedings.

The duration of probation can last for up to three years in the District Court and five years in the Circuit Court. Additionally, there are provisions that allow this period to be longer if necessary to pay restitution.

As mentioned above, there are different ways in which probation can be violated. These include circumstances, such as:

• Not appearing in court
• Not reporting at the given time and date to the probation officer
• Failure to pay monetary fines, Court costs or probation supervision fees
• Failure to make scheduled restitution payments
• Visiting places or people that have been prohibited by the Court
• Travelling outside the state without permission
• Possessing illegal drugs and/or selling illegal drugs
• Committing other kinds of crimes, such as theft, robbery, etc.
• Getting arrested by the authorities for criminal offense

What happens in case probation is violated?

Once probation has been violated, the consequences will be determined according to the nature and the severity of the violation.

There is no single factor that determines the exact nature of punishment after probation has been violated. Probation officers have broad power that they can use in order to issue a warning. They can also have a summons issued commanding the offender’s presence in Court. Unfortunately, what happens most frequently is that the probation officer reports the violation to the Court and a warrant is issued for the offender’s arrest. In many local jurisdictions, the Court issues a no bail warrant in violations of probation and the offender may be held in jail pending the violation of probation hearing.

In order to reach a decision, the probation officer will take into consideration several factors. These include the severity of the offense as well as the conditions alleged to have been violated. At the violation of probation hearing, the probation officer will recommend a penalty to the Court. This recommendation may range anywhere from an extension of the probationary period to simply closing the case and marking it as “unsatisfactory.” In such a case, it is not uncommon for the probation officer to ask that the Court impose the balance of the suspended sentence and send the offender to jail.

During the hearing, a judge will hear the case and will consider all the factors before ruling on the punishment. If one is found to have violated his probation, the sentencing is typically imposed at the hearing. Hiring the right lawyer will help you get effective representation in court. If you would like more information or advice, contact Altmark, Rotter & Trock, LLP today at 410-783-9230.