For many people accused of crimes in Maryland, the option of probation can be very beneficial. Probation may allow you to get a shorter stint behind bars… or avoid serving time in jail entirely. The key, though, is to avoid any violations of probation, as a violation may lead to your spending vastly more time in jail. There are, however, ways in which you can beat the state’s assertion that you’ve violated your probation. Doing that, though, often requires an in-depth knowledge of the law, so it is well worth your while to retain a skilled Maryland criminal defense attorney for your case.
One of the keys to winning your hearing regarding an alleged violation of probation is to win the argument about whether your violation was a “technical” one or a “non-technical” violation. It’s important because technical violations are more minor in nature and generally involve, at most, just a few days in jail. The maximum a first technical violation can get you is 15 days in jail. For a second technical violation, it’s 30 days and 45 days for a third. A non-technical violation, on the other hand, is more significant and may lead to your serving the entire portion of your sentence that the judge suspended, even if it’s your first violation.
Maryland statutory law defines a technical violation as “a violation of a condition of probation… that does not involve: (1) an arrest or a summons issued by a commissioner on a statement of charges filed by a law enforcement officer; (2) a violation of a criminal prohibition other than a minor traffic offense; (3) a violation of a no-contact or stay-away order; or (4) absconding.”