In many less-serious and non-violent criminal cases, probation can be imposed by a Maryland criminal court judge. Probation is a form of suspended sentencing and allows the criminal defendant to avoid jail time. Probation can be allowed after a conviction or can be the result of plea bargaining. If plea bargaining is involved, typically, Maryland prosecuting attorneys will require a plea of guilty from the defendant.

Probation may sound great (since any jail time is suspended), but probation is practically and legally complex. The Order of Probation signed by a Maryland criminal court judge will contain a long list of conditions that are not always clear and easy to understand. Further, violation of any one of those conditions can cause the probation to be revoked, and probation can extend if conditions are not met. Md. Crim. Proc. Code, § 6-223. For example, unsupervised probation can only be imposed for three years, but can be extended up to another five years if a defendant has failed to finish making restitution (where ordered).

To better understand probation as a possible alternative to jail time in Maryland, get advice from top-rated and experienced Maryland criminal defense lawyers like the ones at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We are available around the clock, 24/7. We have offices in Waldorf, Maryland. Below is a summary of how probation works in Maryland.

Since probation is a form of suspended sentence, this means that the criminal court judge actually hands down a sentence for the crime or crimes. However, instead of committing the defendant to the authority of the Department of Corrections, the judge immediately suspends the sentence in favor of probation.

Often, the probationary time is longer than the jail sentence imposed, and typically, there is NO suspension of non-jail portions of a sentence. Indeed, satisfaction of non-incarceration portions of a sentence is often made a condition of a successfully completed probation. So, for example, if a person is convicted of or pleads guilty to theft, the sentence might be one year in jail, a $1,000 fine, and a requirement that the defendant make restitution for what was stolen. In this example, the length of the probation might be two years, and the probationary suspended sentence would apply only to the jail time. Further, among other conditions, the probation would not be “completed” until the fine was paid and the restoration was made.

As noted, there are many conditions attached to any probation allowed in Maryland. Some are general or standard conditions included with any Order of Probation. Some common standard conditions include requirements to:

• Work regularly or attend school
• Obey all laws
• Get permission to move, change jobs, or leave the state
• Pay all fines and make all restitutions as ordered
• Not associate with known felons
• Not have, possess, or own firearms/dangerous weapons
• Not have, possess, own or use illegal drugs

In addition, any given Order of Probation will have special conditions that are specific to a given criminal defendant. Examples here include:

• Reporting regularly for drug, alcohol, and/or DNA testing
• Attend various types of counseling or classes (such as for substance abuse or anger management)
• Complete community service

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.