Legal Question in Criminal Law in Maryland

I have been on federal probation for 2 out of 3 years. I am required to have mental health treatment, but I have been going off and on, and now off again. I'm wondering if I am violated due to this what I could possibly face. The only portion of time that I did not finish was 30 days of my year and a day sentence. If I am violated, i'm sure these 30 days could be an option for the judge to throw back at me. BUT....

1. Will I receive more time for violating?

2. Would I be required to submit to probation a second time after doing the remaining jail term?

3. Is it possible probation could be extended and not go back to jail?

4. I have not committed any other crime to violate probation, is it possible just to accept being violated, finish my jail term and not have probation once I leave jail?

I was convicted of a crime (unauthorized use of a business access device), and sentenced to a year and a day of BOP time, and over $75k in restitution. My probation has a condition of mental health care also. I went to prison on January 12th. I received good time, allowing me to spend time in a halfway home. So released from prison on September 22 and into the halfway home, which I stayed until November 25. I was then released and began my period of probation on Nov 26th. I complete probation on 12/25/12. I had a few tumbles with probation but nothing serious. I have not been participating in the mental health condition, which my probation officer plans to violate me for.

I'm sick of probation and honestly would rather violate if I can finish the 30 days and not have to worry about probation after finishing my sentence.


Asked on 1/11/12, 10:53 am

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

1. You may receive additional time for violating. The amount depends on what was suspended or the class of offense, if you are on supervised release.

2. A period of incarceration for violating probation or supervised release might be followed by another period of supervised release.

3. & 4. It is up to the court to decide the consequences for violating.

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Answered on 1/12/12, 6:18 pm


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