A violation of probation (VOP) or a bail review can both conclude with you being sent to jail if the hearing goes the wrong way. It is essential to hire an experienced attorney who knows how to handle these hearings if you want to give yourself a fair chance of reaching a good outcome. At Portner & Shure, P.A., our Frederick VOP and bail review attorneys can bring more than 30 years of legal experience to your hearing or review if you allow us to act on your behalf.
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What Occurs After an Arrest?
After being arrested in Frederick, Maryland, the accused is entitled to appear before a judicial officer, generally a District Court Commissioner, within 24 hours following their arrest. During this bond hearing, the Commissioner makes two important determinations. First, if the individual was arrested without a warrant, the Commissioner will determine whether there is probable cause to support the arrest and the charges. Second, the Commissioner makes a bail determination. The Commissioner can set bail, set no bail, or release the accused on their own recognizance. Individuals are often released if the Commissioner finds there was no probable cause for the charges. Nonetheless, if the Commissioner sets bail, the accused is entitled to a bail review hearing in the District Court.
What is a Bail Review Hearing?
At a bail review hearing, the prosecution and the defense present information to the judge to determine if the initial bail set was appropriate. The judge has the ultimate authority to leave the bail as is, increase or decrease the bail, set additional conditions for bail, or order the accused to remain incarcerated without bail.
To be eligible for pre-trial release, the accused must meet several requirements. In most cases, the requirements and the overall amount set for bail are based on whether the accused poses a flight risk or a public safety risk. Judges also take into consideration whether the accused has a family, their employment history, the recommendation by the prosecuting attorney or D.A., and their prior criminal history, including prior failures to appear in court. The accused may not be eligible for bail depending on the type of crime they are accused of committing.
What is Probation?
In criminal law, probation is a period of time during which an offender remains under the supervision of the court after being released from jail or after a conviction. Probation is also considered a contract an offender makes with a judge to reduce their sentence. While on probation, the offender often has to check-in with a probation officer. If the offender does not follow the terms of their probation, they face a range of penalties.
Common probation conditions include:
- Paying all fines and restitution
- Drug or alcohol treatment or testing
- No contact with any victims
- Obeying all laws
- Reporting requirements with a probation agent
If you violated your probation, your probation officer may issue a warning or require you to appear in court for a violation of probation hearing. To determine which course of action to take, your probation officer will consider the severity of your violation, past violations, and any past warnings you may have received. If your probation officer decides you must appear before the court, they will request a particular penalty for your violation of probation.
Violation of Probation Hearing
A violation of probation can result in increased jail time, large fines, or an extended probation period. The outcome of your VOP hearing could depend on your legal representation and the circumstances surrounding your probation violation. The attorneys at Portner & Shure, P.A. regularly win VOP hearings by having our clients’ mistakes excused or by reducing the penalties they face for those mistakes. The judge will consider factors like repeat offenses and the nature of the offense.
There are two types of probation violations:
- Technical violation: This includes a failure to pay criminal fines, failure to attend alcohol or drug treatment, failure to report to a probation agent, etc.
- New charges: Being charged with a new criminal offense of any sort will also violate your probation.
What is a Violation of Probation (VOP) Hearing?
A VOP hearing is regarded as a civil matter and is decided by a judge. In a VOP hearing, it is easier for the State to prove a person’s guilt compared to a standard criminal trial. This is the case because the State’s burden of proof is lower than beyond a reasonable doubt. Instead, the State can prove the accused guilty by a preponderance of the evidence.
Usually, during a VOP hearing, the evidence presented is only testimony by the probation agent, which gives our Frederick VOP attorneys a chance to counter with concrete evidence or a stronger testimony. The judge ultimately decides if you violated your probation. If you are found guilty, the judge determines the repercussions. A violation of probation can result in harsh consequences like having to serve the entirety of a suspended sentence in jail or prison. If the VOP resulted from a new criminal charge, the VOP is not terminated if you receive a dismissal or acquittal of the new charge, though.
Why You Should Retain an Attorney Now
A bail review or a violation of probation hearing can result in harsh penalties and fines if handled incorrectly. You should retain an experienced Frederick bail review or violation of probation lawyer from Portner & Shure, P.A. if you want to create a strong counterargument against further penalties without putting more stress on your shoulders. When we accept a case, we represent our client as if we were representing ourselves.
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If English is not your first language, we have bilingual paralegals who speak Chinese (Mandarin and Cantonese), Vietnamese, Korean, and Spanish.
