Probation Violation in Maryland: What Happens and How to Defend Yourself

A probation violation in Maryland can result in tighter probation terms, warnings, and even jail time, or nothing adverse may occur. What happens hinges on the unique facts of your case and how or if you defend yourself.

It’s possible to challenge an alleged violation and get it removed. Sometimes, violations simply did not occur, and other times, they occurred due to circumstances beyond a person’s control. For example, if your probation includes paying certain fees and fines, you may have made reasonable efforts to do so but still could not pay due to legitimate financial hardship. A probation violation defense can take many approaches.

What are the possible outcomes?

Here’s what you can expect after a hearing for a violation of probation in Annapolis or elsewhere in Maryland.

• No violation: Probation continues as it has been.
• Court warning for minor, first-time technical violations: Probation continues as it has been, with a warning.
• Violation(s) found, but probation continues as it has been: This could occur if you quickly corrected your mistake, such as by making a follow-up appointment for a missed meeting, if you are progressing well in your treatment and are overall compliant, or if there is no public safety concern. Probation is to supervise and rehabilitate, and this outcome reflects that.
• Modified probation: The court may order you to undergo treatment, more drug or alcohol testing, additional reporting, or other new conditions.
• Longer period of probation: Your conditions could stay the same, but you’re on probation for longer. (Many people are on some type of monitoring for less than five years.)
• Jail time: You may have to go to jail for a short time if the court thinks this type of strict punishment is necessary to encourage compliance. Maryland law presumptively limits incarceration to 15, 30 and 45 days for a first, second and third technical violation, respectively, subject to a statutory exception for risks to public safety, a victim or a witness.
• Revocation of probation: You may have to serve part of or all of a jail sentence that had been suspended.

What happens can depend on whether the violation was technical or nontechnical

The court system tends to view technical violations of probation in Maryland as less serious than nontechnical violations.

Technical probation violation in Maryland

Examples of technical violations can include missing a probation appointment, failing a drug or alcohol test, failing to finish community service, or not making a payment. Technical violations are not arrests or convictions on new charges. They can still be serious, especially if a violation was well within your control and you just ignored it. There is a difference between missing a probation appointment due to a health emergency and missing one to spend time with a friend.

When weighing technical violations, judges consider how many you have committed, the degree of control you had over violations, the severity of your original offense, your overall compliance with probation, and whether any of the technical violations pose a safety risk. For instance, if your violation is due to failing an alcohol test and your offenses relate to alcohol (perhaps DUI), there could be the perception of a safety risk.

Nontechnical probation violation in Maryland

As for nontechnical violations, they can involve certain arrests or summonses, new criminal conduct, violations of no-contact or stay-away orders, or absconding. Examples may include arrests for DUI, theft, assault, drug possession, or some other charge. You do not need to be convicted of the new charge for it to affect probation. The standard of proof is lower at a probation violation hearing in Maryland, and the court considers the seriousness of the alleged new offenses, how solid the evidence is, whether anyone was hurt, your overall behavior while on probation, and other factors.

What the hearing process is like for VOP in Maryland

At a probation violation (VOP) hearing, the court considers whether you violated the terms of your probation, such as by failing to comply with a probation condition or by allegedly committing a new offense while on probation. Depending on the circumstances, the court may issue a notice requiring you to appear or an arrest warrant. During the hearing, both sides may present evidence and witness testimony. You have the right to be represented by an attorney, challenge the State’s evidence and witnesses, and present evidence and arguments in your defense.

There’s no need for the State to prove anything beyond a reasonable doubt. Instead, the standard is whether it is more likely than not that a violation of probation occurred, based on a preponderance of the evidence.

The judge listens to both sides and decides if a violation occurred. If the decision is no violation, probation typically continues as before. If a violation occurred, the potential outcomes could vary widely, from a warning to jail time.

In technical violation situations such as inability to pay (say, to pay the court $50 a month), the judge may conclude that you are broke, working on it, and the behavior was not willful. So that you do not keep violating probation on these technical terms, the court may give you more time to pay, adjust conditions, or otherwise accommodate a legitimate inability to comply.

How probation violation defenses can work

For technical violations, your lawyer may offer evidence of, say, a medical emergency, job loss, or some other circumstance that explains why you did not show up for an appointment, make a payment, or do something you were supposed to.

Other forms of defense focus on the evidence. For instance, if you are facing a new DUI charge, your lawyer could show how the tests were not reliable. Sometimes, there are grounds to argue that no violation occurred at all, such as in cases of mistaken identity or strong alibis. Lawyers can:

• Present evidence that conflicts with the other side’s evidence
• Offer strong alibis
• Argue about the reliability of the State’s evidence
• Question witness testimony
• Show that you actually complied with the probation terms

Each case has unique facts, and lawyers tailor their VOP defense to the situation.

Contact a defense lawyer to protect your rights

An alleged probation violation in Maryland can be confusing and stressful. You deserve a strong defense. Contact Drew Cochran, Attorney at Law, today to discuss your options.