Legal Question in Criminal Law in Maryland

Hello,

My friend was recently locked back up for violating his probation. When he first got out and met with his probation officer he explained to her that he would try and make it to all his urine tests, but that it would be hard because sometimes he did not have transportation. His probation officer said that the rule was if you miss a urine test you are automatically marked as having dirty urine (meaning drugs in his system). But then she told him, if you call and either speak to me directly or leave me a message that you will not make it to your urine test (due to not having transportation to get there), she would not mark him as having dirty urine. Well he missed a couple of tests due to not having transportation and she marked him as having dirty urine. Then she wrote a warrant and he was arrested. How is he supposed to explain this to the judge and not look guilty? And if I write him a character reference, how much will that help? Also, she repeated to me and his mother the same exact information she gave him. If he can't miss a urine test, why give him false information that he would not be held accountable as long he called?


Asked on 12/01/10, 11:01 am

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

The issue with any alleged violation of probation is whether it was willful. At the violation of probation hearing the court will first inquire whether any conditions were violated. He can admit or challenge. If acquitted, the probation continues. If convicted, then the court proceeds to sentencing. If there is no proof of dirty urine test(s), and if your friend explains why he missed, then the judge must decide whether to impose some or all of the suspended sentence or whether to continue the probation.

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Answered on 12/06/10, 11:19 am


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