Probation is commonly assigned to those that have been sentenced in a court. The nature of your probation will vary based on the severity of the initial violation. It is not uncommon for probation sentences to include a curfew time, restrictions on your movements outside of the jurisdiction, restriction on the possession of items such as controlled substances or firearms and check-in appointments with an assigned probation officer. In some cases you may need to remain employed or refrain from contact with others that were involved with the initial dispute.
Consequences may ensue if an individual is found to be violating any of the conditions included in the original probation agreement. Each state will have its own regulations for how these violations will be managed. Violations may include failing to meet your required appointments with an officer of the court, failing to remain within the given jurisdiction or participating in another illegal activity that requires you to appear in court once more. A Maryland violation of probation (VOP) is quite serious and should be treated with care.
Specific Consequences of Violating Probation
In most cases, when a violation of probation or VOP occurs, the original probation agreement will be revoked. Those that were offered probation in place of a different form of punishment may now need to serve this sentence instead of finishing their probationary term. This may include having to pay additional fines, spending time in jail or having to complete a longer, stricter probationary period. You will need to appear in court after a probationary violation so a judge may determine how best to address the violation that has occurred. If new charges are being brought against you, you will need to attend a separate hearing to determine the consequences that will be applied to these legal matters in addition to those for your VOP.
Once the court becomes aware of your Maryland violation of probation, you will receive notice of the scheduled hearing. A witness of the state, in most cases your probation officer or the officer that witnessed the violation, will present the evidence that you have violated your probation agreement. Evidence may be presented, though in most cases a preponderance of evidence will be all that is necessary to secure this accusation. This means that the officer must be able to prove beyond a reasonable doubt that a violation has occurred.
It is strongly encouraged for those that are defending a VOP seek legal counsel that can help you minimize the consequences of this situation. If you can prove that your Maryland violation of probation was not intentional then the additional consequences or charges may be dropped. In order to do this your legal counsel will need to prove that you were not aware or did not intentionally violate your original probationary agreement. If you were aware of the fact that you had violated your probation, but the circumstances leading to the violation were beyond your control, your lawyer may be able to get the original terms of your agreement reinstated.
