Probation can be a type of second chance. In Maryland, at times, it allows people convicted of crimes to stay in their communities instead of going to jail. But probation comes with rules. If someone breaks those rules, they can face serious consequences. This article explains what probation is, what happens when it’s violated, and what steps to take if you or someone you know is facing a probation violation.
If you’re facing a probation violation, contact a Baltimore criminal defense lawyer from The Bishop Law Group.
What Is Probation?
Definition and Purpose
Probation is a type of punishment that is either given to someone after a jail sentence or more often, it allows someone to avoid jail or prison completely. If probation is given to someone instead of jail, that person will continue to live in the community and follow certain rules set by the court. The goal is to help people stay out of trouble and become better members of society, while keeping an eye on them for a period of time.
In Maryland, probation is given for many types of crimes, especially non-violent ones. Judges often give probation to first-time offenders or people who show they want to change.
Types of Probation
There are two main types of probation in Maryland:
- Supervised Probation: The person must meet regularly with a probation officer. They may also have to take drug tests, go to counseling, or do community service.
- Unsupervised Probation: The person does not have to meet with a probation officer but must still follow the court’s rules, like staying out of trouble and paying fines.
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Probation in Numbers: Maryland Statistics
According to the Maryland Division of Parole and Probation, over 50,000 people are under probation or parole supervision each year. Most of these individuals successfully complete their probation, especially those considered low-risk by the Maryland Parole Commission.
Common Probation Rules in Maryland
When someone is placed on probation, they must follow certain conditions. These may include:
- Reporting to a probation officer
- Staying employed or attending school
- Avoiding drugs and alcohol
- Not contacting certain people or going to certain places
- Paying fines or restitution
- Completing community service or treatment programs
The court can also add special rules depending on the crime. For example, someone convicted of DUI might need to use an ignition interlock device.
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What Is a Probation Violation?
Types of Violations
There are two types of probation violations in Maryland:
- Technical Violations: These happen when someone breaks a rule of their probation that is not absconding, violating a no contact or stay away order, or being charged with a new crime. Examples include failing to pay a fine or failing to complete community service. The amount of jail time that a judge can give to someone who commits a technical violation is generally capped at a relatively small number of days.
- Non-Technical Violations: These happen when someone commits a new crime while on probation, absconds, or violates a no contact or stay away order. This is more serious and can lead to increased jail time.
Examples of Violations
Some common violations include:
- Missing a scheduled appointment
- Failing to complete community service
- Not paying fines or restitution
- Getting arrested for a new crime
- Failing a drug or alcohol test
Even small mistakes, like being late to a meeting, can be considered a violation.
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What Happens After a Violation?
Probation Violation Hearing
If someone violates probation, they may have to go to a violation of probation hearing. This is not the same as a regular trial date. If you’re on probation, the merits of your case have already been adjudicated. At a violation of probation hearing, a judge only needs to believe it’s more likely than not that the person broke the rules. This is called the “preponderance of the evidence” standard.
The same judge who gave the probation usually handles the hearing. The person can bring a lawyer and show evidence to explain what happened.
Possible Penalties
At a violation of probation hearing, the judge can choose from several punishments:
- A warning
- More probation rules
- Extended probation time
Give jail time
- Full revocation of probation and jail for the original sentence
Maryland law sets limits on how much jail time a judge can give for technical violations:
- First violation: up to 15 days in jail
- Second violation: up to 30 days
- Third violation: up to 45 days
- Fourth violation: full revocation of probation
Why Do People Violate Probation?
Not all violations happen because someone wants to break the rules. Sometimes, life gets in the way. People may miss meetings because of work, illness, or transportation problems. Others may struggle with addiction or mental health issues.
What to Do if You’re Facing a Violation
Step 1: Contact a Lawyer
A criminal defense lawyer can help you understand your situation and prepare for the hearing. They may be able to negotiate with the court or show that the violation was not serious.
Step 2: Gather Evidence
Collect anything that shows you tried to follow the rules. This could include:
- Proof of attending treatment or community service
- Pay stubs or school records
- Letters from employers or counselors
Step 3: Attend the Hearing
It’s very important to show up for your hearing. If you don’t, the judge may issue a warrant for your arrest.
Step 4: Ask for Help
If you’re struggling with money, addiction, or other issues, let the court know. You may be able to get help or have some conditions changed.
Maryland’s Approach to Probation
The Maryland Department of Public Safety and Correctional Services (DPSCS) oversees probation. They work with local law enforcement to keep communities safe and help people succeed. Programs like the Violence Prevention Initiative focus on high-risk individuals, while others offer support for people with substance abuse problems.
Need Legal Help? Contact The Bishop Law Group
If you or a loved one is facing a probation violation in Maryland, you don’t have to go through it alone. The legal system can be confusing and stressful, but having the right attorney can make all the difference.
The Bishop Law Group is here to help. With years of experience in Maryland criminal defense, their team understands how to handle probation violations and protect your rights. Whether you’re dealing with a technical violation or a new criminal charge, they will work hard to get the best possible outcome for your case.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
