DURING THE PANDEMIC, WE HAVE CONTINUED TO BATTLE FOR OUR CLIENTS. AS A RESULT, WE HAVE SECURED SOME OF THE LARGEST PERSONAL INJURY RECOVERIES IN SEVERAL VIRGINIA AND MARYLAND JURISDICTIONS. CLICK HERE TO VIEW SOME OF OUR RECENT RESULTS.

BAIL REVIEW/VIOLATIONs OF PROBATION

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 (240) 233-2801 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 (240) 233-2801 or contact us online.

WHAT OUR CLIENTS HAVE TO SAY

SERVING Clients throughout MARYLAND, VIRGINIA & WASHINGTON D.C.
  • “I just wanna say, thanks for everything! You guys are amazing! The whole team took care of everything!”

    - Former Client
  • “I got to know this place through a friend's recommendation while looking for a lawyer because of a reckless driving ticket. To be honest, I was worried and nervous because it was my first ticket. The lawyer reassured me and solved it really well.”

    - Elizabeth Y.
  • “Portner and Shure worked really hard, and I got a good result in my case. If one of our family or friends gets in trouble with reckless driving, I definitely recommend this firm. Thank you for helping me Portner and Shure especially for my attorney, Kevin.”

    - M.O.S.

WHY HIRE US?

EXPECT MORE WITH PORTNER & SHURE
  • We have aggressive litigation tactics, skill, and passion.
  • We offer legal representation in Spanish, Korean & Chinese languages.
  • We have recovered over $300 million on behalf of our clients.
  • We have received countless 5-star Google & Facebook reviews.
  • We are top-10 rated lawyers.
  • We have offices in Maryland, Virginia & Washington, D.C.
OUR ATTORNEYS, YOUR ADVOCATES

When you hire Portner & Shure, you can expect more from your representation. In addition to getting an attorney, you will get a committed advocates you has your best interests at heart.

  • Multi-Million Dollar Advocates Forum
  • The National Trial Lawyers Top 100
  • Super Lawyers
  • Best Attorneys of America
  • The National Trial Lawyers
  • Virginia Trial Lawyers Association
  • 5-Star Google Reviews
  • Lead Counsel Rated
  • Maryland Association for Justice
  • 10 Best Client Satisfaction Award 2016-2021
  • 10 Best Client Satisfaction Award 2016-2021
  • American Association for Justice
  • Avvo Rating Top Attorney
  • Avvo Superb Rating Top Attorney
  • Million Dollar Advocates Forum - Jonathan Portner
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