What Is a Technical Violation of Probation?
Maryland law distinguishes between technical violations and non-technical violations of probation. A technical violation is a violation that does not involve an arrest or a summons issued by a commissioner on a statement of charges filed by a law enforcement officer, a violation of a criminal prohibition other than a minor traffic offense, a violation of a no-contact or stay-away order, or absconding. Technical violations typically involve failures to comply with conditions such as reporting to a probation agent, completing community service, paying restitution, or attending required programs. The classification matters because it affects the maximum period of incarceration a court may impose.
What Are the Limits on Incarceration?
Under Criminal Procedure § 6-223, which was enacted as part of the Justice Reinvestment Act, there is a rebuttable presumption that the limits on incarceration for a technical violation apply. The court may impose not more than 15 days for a first technical violation, not more than 30 days for a second technical violation, and not more than 45 days for a third technical violation. For a fourth or subsequent technical violation, or for a violation that is not technical, the court may impose any sentence that might have originally been imposed for the underlying crime. The presumption may be rebutted if the court finds and states on the record, after considering the nature of the violation, the facts of the underlying crime, and the probationer’s history, that adhering to the limits would create a risk to public safety, a victim, or a witness.
How Does the Hearing Work?
A violation of probation hearing is not a new criminal trial. The State must prove the violation by a preponderance of the evidence, which is a lower standard than beyond a reasonable doubt. The probationer has the right to counsel, the right to present evidence, and the right to confront adverse witnesses in most circumstances. The court first determines whether a violation occurred and then determines whether the violation is technical or non-technical. If the violation is technical, the court applies the statutory limits unless it makes the required findings to exceed them. The hearing normally occurs in the same court that imposed the original sentence.
Where Are Violation Hearings Held in Baltimore County?
Violation of probation hearings are held in the court that imposed the probation. For cases that originated in District Court, the hearing is generally held in District Court in Towson, Essex, or Catonsville. For cases that originated in the Circuit Court for Baltimore County, the hearing is held in the Circuit Court in Towson. The probationer may be detained pending the hearing or released with or without bail, depending on the circumstances. The outcome of the hearing determines whether probation continues, is modified, or is revoked.
Common Issues in Technical Violation Cases
Common issues include whether the alleged violation qualifies as technical, whether the State has proven the violation by a preponderance of the evidence, and whether the court may exceed the statutory limits. Evidence that the probationer has made efforts to comply, has addressed underlying issues, or does not present a risk to public safety can be relevant to both the finding of a violation and the sentence. The classification of the violation as technical or non-technical is often the central dispute because it controls the maximum period of incarceration.
What to Do If You Are Charged with a Technical Violation
If you have been charged with a technical violation of probation in Baltimore County, contact Shepard Law promptly. Shepard Law represents clients in violation of probation hearings in Towson, Essex, and Catonsville District Court and in the Circuit Court for Baltimore County in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense attorney Stephen P. Shepard can review the facts of your case and explain how the technical-violation limits apply.
A technical violation is a violation that does not involve an arrest or summons on a statement of charges, a criminal violation other than a minor traffic offense, a no-contact or stay-away order, or absconding under Criminal Procedure § 6-223.
The maximum is 15 days, subject to the rebuttable presumption under § 6-223.
The maximum is 30 days for a second technical violation and 45 days for a third technical violation.
Yes, but only if the court finds and states on the record that adhering to the limits would create a risk to public safety, a victim, or a witness after considering the required factors.
The State must prove the violation by a preponderance of the evidence, which is lower than beyond a reasonable doubt.
Hearings are held in the court that imposed the probation—District Court in Towson, Essex, or Catonsville, or the Circuit Court for Baltimore County in Towson.
