Legal Question in Criminal Law in Maryland

Violation of Probation

Anytime a violation occurs the judge has the option to change probation to incarceration. If you received probation before judgment, the judge can now convict you of the underlying charge(s) for which judgment was withheld.

Most judges issue stern precautionary warnings. Some hold true to the letter of their warning and others apply a "reasoned" approach based on an analysis of new circumstances. Your judge may opt for home detention, and then he/she may not. This depends on the judge and your underlying offense and record.

You are pregnant and you used drugs. The judge is not going to be easily convinced that jail should not be given. One reason is that the judge is going to be looking out for the unborn child. Drug use while being pregnant PLACES SIGNIFICANT RISK TO THE HEALTH TO THE CHILD. For this reason and many others, you should not be using drugs.

I know nothing of your underlying charge or record. I know nothing of your probation and how well it is going. I do not know how your outpatient treatment is going or any other voluntary treatment you are receiving.

You should strongly consider obtaining the services of an attorney for your violation hearing.

DISCLAIMER: The above information is NOT legal advice. Rather the above is information about the law in general. When confronted with a legal issue, the best option is to obtain the service of an attorney. An attorney requires an opportunity to ask questions and hear your response in order to provide legal advice. The process of questioning and answering cannot be accomplished through a BBS service, thus no attorney-client relationship has formed through this correspondence and you should not rely upon it as such.

If you require the assistance of an attorney, I may be available. Please contact me to discuss.

G. Joseph Holthaus III

(410) 799-9002