Maryland Probation Violation Attorney
When an individual is on probation, much is at risk. A violation must be handled aggressively and properly. At a violation hearing, you risk being getting kicked off of probation and even incarcerated.
Our Maryland probation violation lawyers have the knowledge and experience to properly prepare for and challenge a violation of probation and can help you take the steps ahead of time that would best avoid the imposition of a jail sentence. We have represented individuals facing probation violations (and parole violations) in the Greater Baltimore area and all throughout Maryland. Contact a an attorney to schedule a free consultation for your violation of probation hearing.
What is Parole
In Maryland, the Maryland Parole Commission holds open parole hearings to make determinations whether an inmate will be released. When a person has been convicted of a crime and is released from prison, prior to serving the full sentence, the release is conditional.
The provisions that a person is released under vary, but the most common requirements are active supervision, which means checking in regularly with a parole officer, random drug testing, refraining from possessing a firearm, and/or refraining from engaging in the behavior that resulted in the initial conviction. Failing to comply with the terms of release could result in the person being imprisoned again.
Potential Probation Violations
When you are placed on probation, the probation is set in place in lieu of a heavier sentence. A judge could impose hefty fines and the full jail sentence allowable under law. However, a judge will often place you on probation, often even keeping the conviction off of your record, in exchange for following specific rules. A violation of these rules is what can cause a probation violation hearing.
- An arrest for a new crime
- Testing positive for drugs or alcohol
- Failure to report to your probation agent
- Not completing treatment or classes
- Failing to pay fines or perform community service
First Steps to Take
Unlike a criminal case in which you are entitled to a judge or jury trial, the judge in a violation of probation hearing will give a lot of weight to what your probation agent recommends be done and how serious the violation actually is. As such our probation violation attorneys will speak and coordinate with your agent to discuss not only the violation, but all the efforts you put forward to stay out of trouble and how you can be best served to finish your probation in lieu of a jail sentence.
At your violation of probation hearing, our attorneys can then explain to the judge all the positive efforts you have put forth and how to best keep you on track, with the ultimate goal being to allow you to continue on your probation. The judge may, however, decide to revoke your probation, in which case we will argue the various mitigating reasons that go against imposing a jail sentence.
Unlike criminal court, the standard for parole being revoked is not proof of guilt beyond a reasonable doubt; the burden of proof is a preponderance of the evidence, which in practice means proving that the individual was more likely than not to have engaged in the act that resulted in the allegations. The accused has*- the right to legal representation during the hearing by the representative of their choice.
Contacting a Maryland Probation Violation Lawyer
If your parole is in jeopardy because of allegations that you violated the terms of your release, you need a skilled Maryland parole violation attorney on your side. Your freedom is in jeopardy and the standard for proving the case is much lower, which increases your chances for being re-incarcerated increase. Contact an attorney to ensure that your freedom is not in danger.