PAROLE & PROBATION VIOLATIONS
Once an individual is released early from prison on parole or mandatory supervised release, they are under the supervision of the Division of Parole and Probation until the maximum expiration date of their original sentence. Failing to abide by the terms of release, such as failing to report to a parole agent as directed or being charged with a new offense, can trigger a parole violation. Parole violations are serious because they can result in an individual being returned to custody to serve the balance of their sentence.
In Maryland, when an individual is charged with a parole violation, they have the right to a parole revocation hearing. No private firm handles more parole revocation hearings in Maryland than The Cole Law Firm LLC. Due to the complexity of this area of the law, miscalculations can be costly and result in significant consequences. If you have been charged with violating parole, you need an attorney that understands the system and can attempt to have parole continued. In cases where parole is revoked, an attorney must act to have street time awarded and minimize the loss of diminution credits. In some cases, it is possible to have the Maryland Parole Commission withdraw the parole retake warrant without the need for a hearing.
If an individual is placed on probation by a judge after having received a fully or partially suspended prison sentence, there are strict terms and conditions that must be abided by. If these requirements are not met, a violation of probation warrant or summons can be issued. A hearing will then be held by the judge who originally granted the probation to determine what the consequences should be if a violation is found to have occurred. It is important to understand that the burden of proof on the State in a violation of probation hearing is less than what is required in a criminal trial. Additionally, the rules of evidence are not as strict because hearsay is permitted. In some instances, illegally seized evidence can be used and probation can be violated even if an individual is found not guilty of the new criminal conduct that triggered the violation.
Over the past 30 years, The Cole Law Firm LLC has handled hundreds of probation violation hearings at both the District Court and Circuit Court levels. Our firm knows how to properly conduct the hearing to get the best possible result, including the application of the Justice Reinvestment Act passed in 2017.
Parole vs. Probation
It is possible to be on parole and probation at the same time. Each must be dealt with separately and each has its own consequences.
The hearings cannot be consolidated into one because the probation violation proceedings are held before a judge at the courthouse, and the parole violation hearings are held before a parole commissioner in a correctional facility. The Cole Law Firm LLC can handle both hearings if necessary, and we will always meet with our client in advance of the hearing date so as to be fully prepared to present the most effective defense.
If you have been charged with a violation of parole or probation, don’t let your fears and concerns overwhelm you. Let our firm help you successfully resolve your case and resume your life. Call us today at (410) 709-8719 or fill out the form below to schedule an appointment. Conveniently located in Baltimore, Maryland, The Cole Law Firm LLC stands ready to represent you at your violation hearing.