If you have found yourself in a position where you have violated probation in Maryland, you are not alone. Each year, thousands of residents in Maryland are sentenced to probation for many reasons. With jails becoming overpopulated, and probation can serve as an alternative solution that benefits both the probationer and the criminal justice system.

Over time, however, it is evident that as the number of people that are placed on probation increases, the number probation violations increases as well. Although there are many reasons why you might violate your probation, you must contact an attorney as soon as you have been arrested for a violation.

What are the types of probation violations?

You may be accused of committing one of two types of probation violations. The first type is known as a technical probation violation. This type of violation occurs when you fail to comply with a condition of your probation. When placed on probation, there are certain conditions that you are required to abide by in order to stay on probation.

Some examples of these conditions include attending regular meetings with your probation officer, performing community service, not contacting certain people, refraining from the use of alcohol, or changing address without permission from or notifying your probation officer.

When you have failed to comply with any of these conditions, no matter how trivial, that is an example of a technical probation violation. For example, if you are a few minutes late to your scheduled meeting with your probation officer, your probation officer can initiate a violation of probation against you.

Another example of a technical probation violation can be texting or leaving a voicemail with your probation officer instead of physically appearing at your scheduled meeting. These types of actions can result in a police officer showing up to your doorstep.

The second type of probation violation involves getting arrested for a new criminal offense. It goes without saying that another condition of your probation is to keep your criminal record clean. If you are arrested while on probation, you will likely be detained in jail without bail. To make matters worse, you will have to wait until you can be seen by the original sentencing judge before you can handle the violation of probation.

Why do people violate their probation order?

While it might be easy to assume that every person who violates their probation is defiant or disobedient, that is simply not the case. The truth of the matter is that people are required to follow a strict set of compliance when placed under probation. Even though the conditions of probation may seem easy for many people to follow, it is not the same for everyone.

Missing a scheduled probation meeting does not automatically make you guilty of committing a crime. Yet, regardless of your reason, your probation officer has the power to report you for a violation of probation. It is true that probation officers have a broad discretion of whether they can issue you a warning or request that you appear in court for your probation violation. However, many probation officers are aware of how much power they wield over probationers and may use that power for even the smallest offense.

Some of the more common reasons for violations of probation include failing to report to a scheduled court appearance; failing to report to your probation officer at a set time or place; failing to pay any mandatory fines; or visiting certain people or places without the permission of your probation officer.

None of these reasons are typically situations where the probationer is involved in violence or any imminent threat of danger. These are situations that any person can find themselves in. However, that is the brutal reality about probation – matters that you may consider small or unimportant can actually land you in jail.

What are the penalties for probation violations?

Some of the penalties that you can face for violating your probation include a warning, jail time, and a probation violation hearing. Your probation officer may take several factors into account such as the severity of the violation, the type of condition that was violated, and past probation violations or warnings. If the probation officer decides that you are to appear in court, he or she will request some form of penalty that could include jail time.

What is a probation violation hearing?

In a probation violation hearing, a sentencing judge takes the time to consider whether you violated any terms or conditions of your probation. Maryland law states that “when practicable,” the same judge that sentenced you to probation should preside over your hearing. Unlike a criminal law trial, probation violation hearings are not based on the standard of “beyond a reasonable doubt.” Instead, it must be proven that you violated a condition of your probation by a “preponderance of the evidence” standard, or by a likelihood of more than 50 percent.

Sentencing for a probation violation

When determining your sentence, judges may take into account certain factors such as the nature of your offense and whether you are a first-time offender. If you are found guilty of a probation violation, you may face several sentencing scenarios. In a best-case scenario, the judge may decide to extend your probation or impose additional probation terms. In a less favorable outcome, the judge can request that you serve brief time in jail or revoke your probation altogether, and require you to serve out any remaining time of your original sentence in prison.

Did you violate the terms of your probation? If so, the Bowie criminal defense attorneys at Carey Law Office can review your case and represent you at a hearing. Don’t take the risk of going back to jail or having your sentence extended. Call our office at 301-464-2500, or complete a contact form to schedule an appointment. We serve clients from our Crofton and Bowie offices throughout Calvert County, Anne Arundel County, Prince George’s County, Owings, and the rest of Maryland.