Baltimore VOP Lawyer
Making Probation Violations Like They Didn’t Happen
When a person’s sentence is imposed in a criminal case, the judge imposing the sentence often places them on probation. The terms of probation are strict, and a violation can result in a person’s probation being revoked. If you have been accused of violating the terms of your probation, then the effective legal representation by a Baltimore, Maryland violation of probation attorney can help.
At Portner & Shure, P.A., our dedicated team is ready to assist you. We know that a negative outcome at a violation of probation hearing can result in the loss of your freedom. Contact Portner & Shure, P.A., today to speak to one of our Baltimore violation of probation attorneys about your case.
Call (855) 954-4141 or contact us online for a free, confidential consultation.
What is Probation?
Probation is essentially a contract between a person and a judge. The main benefit a person receives from being placed on probation is that a judge will often suspend all or part of their sentence. For example, when a judge imposes a 10-year prison sentence and suspends all but 2 years, the person only has to serve 2 years in prison. The judge that places a person on probation also imposes certain conditions with probation.
Common conditions of probation include:
- No drug or alcohol use
- Interlock installation
- Community service
- Drug or alcohol treatment
- Reporting requirements with a probation agent
- Obey all laws
When a person violates a term of their probation, they receive a summons to appear before the judge that imposed the sentence and probation.
Violation of Probation Hearings in Baltimore
The terms of a person’s probation are often strict.
Common allegations that trigger violations include:
- Interlock violations
- Failing a drug test
- Failing to attend alcohol treatment
- Failing to meet with one’s probation agent
- Being charged with a new crime
A violation of probation hearing is presided by the judge that placed the person on probation. The fact-finder at a violation of probation hearing is the judge, not a jury. The issue before the judge is whether the person violated a term of their probation. Unlike a normal criminal trial, the prosecution does not have to prove their case beyond a reasonable doubt. The burden of proof at a violation of probation hearing is by a preponderance of the evidence, i.e., 51%. If an individual is alleged to have violated their probation due to being charged with a new crime, a favorable disposition of the new charge, i.e., a dismissal or not guilty finding, does not terminate a violation of probation proceeding.
Possible Outcomes of a Violation of Probation Hearing
The best outcome at a violation of probation hearing is a finding by the judge that no violation occurred. This finding terminates the proceedings. If there is a finding that a violation occurred, a judge has wide discretion.
Specifically, a judge can:
- Order an individual to serve all or a portion of their remaining sentence
- Take no action
- Extend the length of probation
Due to the possible consequences of a violation of probation, representation by a Baltimore, Maryland violation of probation lawyer is highly recommended.
Why Hire Portner & Shure, P.A.?
If you are facing a violation of probation hearing, you need an effective advocate to present a strong defense and obtain a favorable outcome. A Baltimore, Maryland violation of probation attorney can make the difference in your case. At Portner & Shure, P.A., our dedicated attorneys can prepare a strong defense and fight to obtain the best possible outcome for our client. Our dedication to our clients over 25 years of practice has allowed us to build a reputation of excellence in the legal community. Additionally, our multilingual staff has allowed us to successfully represent individuals from Maryland’s Korean, Vietnamese, Chinese (Mandarin and Cantonese), and Hispanic communities.
To schedule a free consultation regarding your Baltimore violation of probation case, contact us at (855) 954-4141 or contact us online.