Legal Question in Criminal Law in Maryland

My boyfriend was on probation after serving 18 months for a violent charge. He then violated probation by getting locked up for a new non violent charge. At the violation hearing, the judge gave him all his back up time. So he's locked up for the violation of probation. So my question is; is he considered a violent or non violent offender?!?! His lawyer at the time told me he was considered a non violent offender and it doesn't matter if the reason he was on probation was for a violent offense because he's not locked up for that charge, he's locked up for violating probation for a new non violent charge. His caseworker told him the same thing. Then I talked to someone from parole and she's saying that just by taking a look , she thinks he's considered a violent offender and it doesn't matter that he's incarcerated now for a vop because he was on probation for a violent charge. So now I'm confused. His original parole eligibility was October 2015. He had a modification and 3 years was taken off his sentence. So with the modification, he should be up for parole like asap..(he already did 3 yrs on a 9 yr sentence)..thats If he's considered non violent. I asked her if he's a violent offender and has to do 50% of his sentence, then why was his parole date before the modification 2015? She said she thinks it could've been a typo or human error. Can someone please help me?I'm sorry this was so long and I hope I made sense. I would really appreciate any help or advice!


Asked on 5/30/14, 2:09 am

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

The lawyer who represented your boyfriend should research this for him. The Correctional Services Article and Code of Maryland Regulations are complicated. Regardless of when your boyfriend is eligible, the Parole Commission has discretion whether to grant or deny parole.

Read more
Answered on 5/30/14, 5:04 am


Related Questions & Answers

More Criminal Law questions and answers in Maryland