Ocean City Probation Violation Lawyer
While probation is considered a privilege and a welcome alternative to incarceration, it can also place tremendous restrictions on how you can live your life. You may be barred from residing or working in certain places, have to abide by a curfew time, attend mandatory check-ins with your probation officer, and more. The slightest wrong move could land you in hot water. The consequences you face could be harsh, including spending time in jail, paying additional fines, committing to a stricter probationary period, or worse — you may need to serve all or more of your original sentence instead of finishing probation.
If you have violated the terms or conditions of your probation, your probations officer will most likely file a probation violation petition with the court. The judge in your case will then do one of two things:
- Execute a warrant for your arrest
- Issue a summons for a violation of probation hearing.
To minimize or avoid the consequences of a Maryland violation of probation (VOP), it’s of critical importance to have a probations violation attorney intervene as quickly as possible.
If you retain Attorney Richard J. Brueckner as your lawyer, he can immediately file a motion to “quash” or recall an arrest warrant. This can save you from having to sit in jail without bail waiting for your VOP hearing. If the motion is denied, he can make arrangements for you to turn yourself in and post bail. This beats the alternative of being apprehended suddenly and without warning from law enforcement. In addition., Mr. Brueckner can speak with your probation officer to and reiterate your willingness to comply with and successfully complete your probation.
Probation Violations Based on a “Technicality”
A technicality violation occurs when you fail to comply with the specific terms and conditions of your probation. Examples include:
- showing up late for meetings with your probation officer
- failing to pay criminal restitution
- changing addresses without notifying the probation officer
- missing drug and alcohol treatment sessions
- testing positive for drugs or alcohol
- failing to stay in contact with the probation officer
- texting or leaving a voicemail rather than physically appearing at such meetings
- avoiding community service requirements
- failing to maintain employment or attend school
- trying to remove your monitoring device or traveled outside the designated area
- breaching a restraining or no contact order with certain individuals
- possessing firearms or other weapons
Arrested for New Crime Violation
One of the most serious types of probation violations involves committing a crime while still on probation. You will now have to deal with defending yourself against the new charge and your probation violation. Attorney Brueckner will represent you at your first appearance as well as at your first violation hearing and ask the judge for a bond so that you can fight the violation of probation and the new charge while out of custody.
What to Expect at Probation Hearing
When the court discovers your probation violation, you will receive notice of a scheduled probation hearing. The purpose of this hearing is to determine whether or not a parole violation did in fact occur, and if so, what the consequences will be. Unlike a criminal hearing, a probation hearing is conducted as a civil proceeding and the decision is made by a judge, not a jury. The judge (most likely to be the same judge who granted probation) will make a decision not based on the standard of proof “beyond a reasonable doubt” but rather on a “preponderance of the evidence.” In other words, is it more likely than not that you violated your probation?
Richard J. Brueckner has handled many misdemeanor and felony violation of probation hearings in District and Circuit Courts throughout Ocean City and the Eastern Seaboard and knows what it takes to deliver the best possible outcome for his clients. During the hearing, Mr. Brueckner will have the opportunity to advocate on your behalf by objecting to certain evidence and cross-examining witnesses your probation officer may put forward. If the violation in question was because of circumstances beyond your control — a family emergency, an illness, a work commitment, Mr. Brueckner will make sure to present these facts to the court.
Facing Violations of Probation can change everything that you have planned for your future. Now is the time to reach out to an experienced attorney who has worked on the other side of the fence and who will fight for you. Call today. 410-430-1464