Wheaton Bail Review/Violation of Probation Attorneys
Serving Montgomery County & the Surrounding Areas for Over 25 Years
Being arrested is a frightening and disorienting event. When an individual is arrested, the first question they ask is typically, “When will I be able to go home?” The answer to that question often depends on whether an individual is granted bail. Additionally, for individuals who are facing a violation of probation, the question they often ask is, “Am I going to jail?” The answer to that question is, “It depends.”
Stated simply, the stakes are high for individuals who are set to appear for a bail review hearing or a violation of probation hearing. A negative outcome in either one of these proceedings can result in the loss of one’s freedom. Accordingly, if you are required to attend a bail review or violation of probation hearing, it is imperative that you seek the assistance of a skilled and experienced attorney. For over 25 years, the Wheaton bail review and violation of probation attorneys at Portner & Shure, P.A. have been successfully representing clients in bail review hearings and violation of probation hearings in Montgomery County courts. We understand the process and are prepared to represent you and your best interests.
Call us at (855) 954-4141 or contact us online to request a free, confidential consultation.
Bail Review Hearings in Montgomery County
After a person is arrested, they must be brought before a District Court Commissioner within 24 hours of their arrest for their initial appearance. At this appearance, a District Court Commissioner determines if there was probable cause to support the arrest. Additionally, the District Court Commissioner also makes a bail determination.
A District Court Commissioner has three options regarding bail:
- Set a bail
- Order the accused to be held without bail
- Release the accused on their own recognizance
If the District Court Commissioner orders the accused to be held without bail or sets a bail amount that the accused is unable to afford, the accused is entitled to a bail review hearing before a District Court Judge. A judge considers many factors when deciding whether to grant bail. The primary factors a judge considers are flight risk and public safety.
With regards to flight risk, the judge wants to ensure that the accused will appear for their trial date. Accordingly, the judge will look at factors such as the accused’s ties to the state of Maryland, including employment, family, and the accused’s residence. Additionally, the judge will also review any prior failures to appears by the accused.
With regards to public safety, the judge wants to ensure that the accused does not pose a danger to the community or him/herself. When making this determination, the judge will review the charges. Additionally, the judge will likely also review the accused’s prior criminal history.
At the conclusion of a bail review, the District Court Judge can:
- Increase the bail
- Decrease the bail
- Set additional conditions for bail
- Order the accused to remain in jail without bail
Accordingly, an individual who has an upcoming bail review hearing should retain the services of a Wheaton bail review lawyer.
Violation of Probation Hearings in Montgomery County
People typically receive probation as a condition of a criminal sentence. The conditions of an individual’s probation are set by the judge that imposed their sentence.
Common probation conditions include:
- No drug or alcohol use
- Interlock installation
- Community service
- Drug or alcohol treatment
- Reporting requirements with a probation agent
- Obey all laws
Failing to abide by the conditions of probation results in a violation of probation. The individual must then appear before the judge that sentenced them for a violation of probation hearing. Unlike in a criminal trial, an accused individual is not entitled to a jury at a violation of probation hearing. The matter is decided by the judge that imposed the sentence. Additionally, unlike in a criminal trial where the burden of proof is beyond a reasonable doubt, the burden of proof at a violation of probation hearing is a preponderance of the evidence, i.e., 51%. People often violate their probation by failing to abide with the conditions of their probation.
Common violations include:
- Failing to attend drug or alcohol treatment
- Failing a drug test
- Being charged with a new criminal offense
If an individual is charged with a new criminal offense, and that charge is disposed of via a dismissal or a not guilty finding, the fact that the charge resulted in an outcome that was favorable to the accused will not terminate a violation of probation.
If a judge determines that the accused violated their probation, the judge has wide discretion regarding the penalty. If an individual had a jail or prison term that was suspended, the judge can order the accused to serve the remainder of their sentence. Alternatively, a judge can extend the length of the probation or add additional conditions. If you are facing a violation of probation hearing, reach out to our Wheaton violation of probation lawyers.
Choose an Award-Winning Team
The experienced attorneys at Portner & Shure, P.A. have been successfully representing clients in bail review hearings and violation of probation hearings in Montgomery County, Maryland for over 25 years. Our reputation in the legal community can be observed in the numerous awards we have earned over our years in practice, along with excellent reviews we have earned from our prior clients. The American Institute of Criminal Law Attorneys of 2020 recently recognized Portner & Shure, P.A. as one of Maryland’s “10 Best Law Firms.”
To schedule a free consultation regarding your Montgomery County bail review and violation of probation case, call us at (855) 954-4141 or contact us online.