In general terms, “probation” is a form of criminal sentencing where the convicted defendant is excused from going to prison on various conditions. Probation is common in Maryland criminal sentencing. Even if a person is sent to serve a jail/prison sentence, a portion at the end of the jail term is often suspended, with the defendant being given probation in exchange.

Note that the length of time for probation is often longer than what is specified in the Maryland criminal statutes for a jail or prison term. For example, if the sentence could be a year in jail, a probation might last two years. However, there are maximums. For District Court criminal cases, probation cannot last longer than three years, and no longer than five years for Circuit Court criminal cases.

If you have more questions about probation, call us here at the Law Office of Robert Castro at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland, and are available 24/7. We offer Maryland criminal defense legal services for communities in Southern Maryland.

In Maryland, broadly, there are two different types of probation: supervised and unsupervised. As the names imply, the first type involves probation that is monitored and supervised; the other form does not. Note that for both types, the criminal court and the Maryland prosecutors’ Office are watching and monitoring and receive periodic reports. However, there is no day-to-day involvement from the courts or the prosecutors unless there is a violation of probation conditions.

What are probation conditions?

To begin, all probation sentences come with conditions, and there are dozens of conditions for each case. Some are standard conditions for every case. Examples include the condition that the offender not commit additional criminal offenses, make restitution to victims, not own or possess dangerous weapons, and more. There are also specific conditions for each criminal defendant depending on the circumstances. Common examples are that the person continues schooling, maintains employment, and/or reports any changes in home address. The probation and the conditions for the probation come in the form of a very long, many-paged Order from the criminal court.

What is supervised vs. unsupervised probation?

Supervised probation requires the criminal defendant to present himself or herself in person to a law enforcement office, an agent hired by Maryland, or personnel of a probation agency/company. The last two are private agents or companies that are paid by the State to provide probation monitoring services. How often a person must report depends on the conditions of the Probation Order. Often, a person must report once a week but once a month is not uncommon.

The general purpose of the probation reporting/check-in is to have the officer/agent review compliance with the court’s conditions. So, if one condition is that the defendant be employed, then the officer/agent will discuss the defendant’s employment and will want to see pay stubs or something similar. If something like drug testing has been ordered, then those tests will be conducted during the reporting/check-in.

Why supervised probation might be ordered vs. unsupervised probation

Generally, unsupervised probation is ordered where the underlying crime is a non-serious misdemeanor. For more serious crimes (and where some sort of testing is ordered), supervised probation will be ordered.

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 11701 Central Avenue, Suite 200, Waldorf, MD 20601.