Legal Question in Criminal Law in Maryland

my boyfriend has recently found out that his probation officer has violated him he hasnt reoffended or gotten into any trouble since he been on probation. H e is currently a college student and was suppose to be taking a drug class but his mom car stopped working so he couldnt get to class. Now i think thats why his po violated him. He will have the rest of his restitution money before his inital appearance and his community service hours. He has never been in trouble before he got put on probation. Rigth now college is our main concern he cant afford to miss college or he will lose his financial aid. A sergeant from the National Guard, the college basketball coach, his pastor, mom, and a lady from financial aid are all writing in his favor of good character. We just dont know what to do or what could happen.


Asked on 1/09/11, 12:58 pm

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

You need to hire a criminal defense attorney IMMEDIATELY! If part of your boyfriend's probation terms was to go to a drug class, and he failed to go, he has no one to blame but himself. The fact that he's in college does not negate his responsibility to go to the drug classes. And mom gets no blame because of her car issues. It's on your boyfriend and no one else. Get real! If he's making it to college classes, why couldn't he make it to court ordered drug classes? Did he tell his PO about his situation or did the PO find out from the drug program that your boyfriend hasn't been going (I'll assume the later)? Don't make it sound like your boyfriend is a choir boy who has done nothing wrong to violate. Not going to jail is a PRIVILEGE when you are probation. Your boyfriend violated that privilege. If he gets by on this one, consider it a lesson learned.

What to do? Hire a criminal defense attorney.

What could happen? You boyfriend could go to jail and serve his full sentence.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.********

Read more
Answered on 1/14/11, 1:09 pm
William Welch William L. Welch, III Attorney

The statement of charges alleging violation of probation should be in the court file available to the public in the clerk's office. First the violation would have to be proven. If the judge is not convinced that it is more likely than not he violated, then it would be dismissed. If convicted, then the court could impose some or all of the suspended sentence. It could also continue the probation.

Read more
Answered on 1/14/11, 5:16 pm


Related Questions & Answers

More Criminal Law questions and answers in Maryland