Waldorf Probation Violation Lawyers

Attorneys Helping Clients Defend Against Probation Violation Charges in Waldorf, MD

In some cases involving criminal charges, a person may receive probation rather than being required to serve time in jail, or they may be required to complete a period of probation after being released. During probation, a person will need to meet certain conditions, and if they are accused of violating those conditions, they may face serious consequences. When a probation officer reports that a person has violated the terms of probation, they could be arrested, and they may be required to serve the remainder of their sentence in jail.

For people who are on probation, defending against allegations of probation violations can help avoid a jail sentence or other penalties. At Farmer & Klopfer, our lawyers can provide representation for people who are facing probation violations, assisting with hearings, helping them meet their requirements, and working to ensure that they can avoid disruption to their lives. We have the experience needed to ensure that these matters will be handled correctly, and we will advocate for positive outcomes that will protect our clients' rights.

Conditions That May Apply During Probation

The conditions of probation will be set by a judge in a criminal case. A person will usually be required to report to a probation officer on a regular schedule. They may be restricted from traveling outside of a certain area, and they may be required to maintain employment or attend school during their probation. Other conditions may include drug testing, participation in treatment programs, community service, and no-contact orders that prevent a person from contacting or going near the alleged victim of a criminal offense.

Types of Probation Violations

There are multiple reasons why a person may be charged with violating the terms of probation, but these violations will typically fall into two general categories: technical violations and substantive violations.

Technical Violations

A person may be accused of failing to comply with certain requirements of probation. These violations may involve missing scheduled appointments with a probation officer. In many cases, these issues may involve circumstances that are out of a person's control, such as illnesses, transportation problems, or family emergencies. However, a missed meeting may be reported by a probation officer, and violations may apply if a person did not have a legitimate reason for missing a meeting or did not take steps to notify the probation officer and reschedule.

Violations may also involve the failure to meet certain financial obligations. A person may be required to pay fines, legal fees, or restitution to victims. If they do not make the required payments, a probation officer may charge them with a violation. In these cases, a person may need to show that they made a good faith effort to meet their obligations and that their failure to pay was caused by financial circumstances that were out of their control.

The conditions of probation may require a person to participate in drug or alcohol treatment, anger management counseling, domestic violence intervention programs, or other programs. Failing to enroll in programs, missing appointments, or failing to complete program requirements could lead to probation violations. A person may also be charged with a violation if they allegedly did not meet employment requirements or failed to attend school while on probation.

Technical violations can lead to jail time. For a first violation, a person may be required to spend 15 days in jail. A second violation may lead to a sentence of 30 days, and a third violation may lead to a sentence of 45 days. Any additional violations may result in a person being required to remain in jail for the remainder of their original sentence.

Substantive Violations

Allegations of criminal conduct while a person is on probation can lead to more serious probation violation charges. These matters may lead to harsher penalties than technical violations because of the potential risks that could affect other people. A person charged with a substantive violation may be required to serve the rest of their sentence in jail, even for a first violation.

Being arrested for a new offense is one of the most serious violations that a person may face while on probation. In some cases, a person may face a probation violation even if the new charges do not result in a criminal conviction.

In many cases, the terms of probation will prohibit a person from using drugs, and they may also be restricted from drinking alcohol. To ensure that they comply with these requirements, random or scheduled drug and alcohol tests may be performed. A positive test result for any prohibited substance can result in a violation.

In cases involving allegations of domestic violence, harassment, or offenses against specific victims, a person who is on probation may be prohibited from making any contact with the alleged victim or other people. A text message, contact through a third party, or any other form of communication with a prohibited person can lead to a probation violation.

During a period of probation, the possession of firearms or other weapons will usually be prohibited. A person who is accused of using or carrying a gun while they are on probation may face a violation, and in some cases, they may face additional weapons charges.

Representation in Probation Violation Hearings

When a person is charged with a probation violation, the standards that may be used are lower than those that apply in criminal cases. A prosecutor will need to prove that a person was more likely than not to have committed a violation. A case will be reviewed by a judge, who may look at the original criminal offense, the defendant's circumstances, their history of compliance with the terms of probation, and the explanations for any violations that occurred.

Our lawyers can help challenge accusations of probation violations by looking at the evidence involved in a case and providing explanations for any alleged violations. We may argue that a violation never occurred, or we may take steps to show that a person had a valid reason for their failure to meet certain conditions. We can provide evidence such as medical records, employment records, documentation of financial hardship, proof of enrollment in treatment programs, and more.

When necessary, we can advocate for solutions that will prevent a person from being required to serve jail time. We may propose modifications of the conditions of probation or ask for an extension to ensure that our client can complete a term of probation successfully while avoiding future violations.

Contact Our Waldorf, Maryland Probation Violation Attorneys

If you have been charged with a probation violation, this could unravel the progress you have made during your criminal case. You may be looking at a jail sentence or other penalties. At Farmer & Klopfer, we can help you determine the best steps to take when responding to claims that you have violated the terms of probation. We can provide you with representation during hearings and other legal proceedings, helping you resolve your case while avoiding ongoing penalties that could affect your life. Contact our Waldorf probation violation defense lawyers at 301-843-3890 to arrange your free consultation.