Legal Question in Criminal Law in Maryland

Re: violation of probation

You did not indicate what your husband was convicted of and this has alot to do with how his violation will be addressed. Typically home detention is reserved for those who have demonstrated responsibility and once this responsibility is broken a judge is not likely to be easily convinced. He should have been subjected to urinalysis as part of his home detention and a bad screen will likely spell some time in jail. However, the most important thing now is that he address his addiction BEFORE a violation hearing. The process is NOW in motion. His home monitoring service has reported his variance and a warrant may lie for his arrest. Probation violations of this type are not treated lightly. Once detained he will have no way to show a redeeming value. HE SHOULD ENROLL IN A TREATMENT PROGRAM IMMEDIATELY.

It appears that his addiction may have been the source of his criminal activity but, unfortunately for him, he was not convicted of a drug offense. Unless his addiction was raised in mitigation during his original trial the judge had little leeway to send him to rehabilitation. Now that he has broken probation he has an opportunity to right things. Be advised that drug rehabilitation programs are costly and, in combination with hiring an attorney, you should seriously consider this option. You may want to inquire with your insurance company for coverage but take note that confidential matters in this regard may be compromised. But, essentially, if he does not seek treatment he will likely continue along a path of self destruction.

Re: violation of probation

As a rule the Judge is not interested in treatment for your husband, but in punishment for crime committed and protection of the public. You should contact either the public defender that represented your husband or another lawyer to get your husband in a treatment program before the violation hearing, thereby giving the Judge another option other than jail.