Howard County Probation Violations Attorney
If you are convicted of a criminal or traffic offense, you will very likely be placed on probation. The length and conditions of probation are to be determined by the judge imposing the sentence. If you are sentenced in the District Court, the maximum probationary period is three years. If you are sentenced in the circuit court, the maximum length of probation is five years.
If you fail to comply with all of the terms of your probation, the judge will be notified, and he or she will either issue a warrant for your arrest or a summons ordering you to appear in court. If you discover that a judge has issued a warrant for your arrest, call Colleen Kirby immediately. She can file a motion with the court asking the judge to quash, or recall, the warrant and instead issue a paper summons ordering you to appear.
Frequently Asked Questions About Maryland Probation Violations
A probation violation in Maryland usually involves detailed legal procedures, and courts evaluate each case based on statutory authority and the specific facts presented. It can be easy to feel confused and uncertain during this time, but the answers to these common questions can illuminate your circumstances.
What happens if you violate your probation terms in Maryland?
Courts respond to alleged violations by reviewing the probation officer’s report and deciding whether a hearing is required. A judge may issue a summons or warrant if the report outlines a credible breach. During the violation hearing, the state must clearly demonstrate that you failed to follow a clear condition of probation.
Under Md. Code Crim. Proc. § 6‑223, judges may continue probation, adjust the conditions or revoke probation, and impose any sentence originally available. Additional sanctions can include short jail terms, treatment requirements or increased supervision. Judicial decisions aim to reflect the seriousness of the violation, your compliance history and any risk to community safety.
Do Maryland probation violations go on your record?
Yes. Any findings about probation violations in Maryland become part of the official record for the underlying case and remain visible to agencies that conduct background checks. The entry does not create a new conviction, but it documents the court’s determination and any penalties imposed.
This means employers, landlords and licensing boards can see the violation when reviewing your history. In turn, information about violations can influence hiring decisions, housing eligibility and professional licensing. This is why it can be so important to challenge allegations of a probation violation when they are unfair or purely punitive.
Can you have a probation violation dismissed in Maryland? And how?
Possibly. Dismissal may be an option when the evidence does not support allegations or when the conduct does not violate a specific probation condition. Engaging an attorney can help you examine the violation report, identify procedural defects and gather records that show compliance or mitigating circumstances. A lawyer can challenge whether the violation was intentional, whether the condition was properly communicated or whether the conduct occurred.
Presenting treatment documentation, employment records or witness statements can help show rehabilitation and reduce the court’s concerns. Legal representation is important because judges have broad discretion and rely on detailed information when deciding whether dismissal is appropriate.
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At the violation of probation hearing, the state bears the burden of proving that you did, in fact, violate your probation. You will commonly hear this referred to as a VOP hearing. A violation of probation hearing is much different than a criminal trial. While the procedure is much the same, the burden of proof is much lower. In a criminal trial, the state must prove your guilt beyond a reasonable doubt. At a violation of probation hearing, the state merely has to prove that you failed to comply with one or more conditions of your probation by a preponderance of the evidence. That means that the state must prove that it was more likely than not that you violated your probation.
Probation violations are to be taken very seriously and often are associated with the harshest penalties. In almost every case, if you are found to have violated a judge’s probation, you will be sentenced to a period of incarceration. The reason for such a harsh penalty is that when you are placed on probation in lieu of incarceration at your original sentencing or released from incarceration with the condition of probation, the judge is essentially giving you the opportunity to prove yourself worthy of your freedom.
It’s important that you contact Law Office Of Colleen M. Kirby, Esq., immediately if you find yourself facing an allegation that you have violated your probation. Not only can she reduce the stress associated with this by making the process run smoothly, but she can also aggressively represent you at the hearing to ensure your liberties. Call 410-973-0572 today.