When the criminal courts in Maryland hear charges against individuals, there is a degree of discretion involved. Even cases involving similar offenses can lead to significantly different criminal penalties. State sentencing guidelines establish maximum penalties for most types of offenses and minimum penalties in some cases. Certain scenarios may warrant more lenience than others. For example, first-time offenders accused of non-violent crimes might end up subject to probation rather than serving time in a state facility.
Probation is a form of supervised release. The convicted individual must regularly meet with court representatives. They have to maintain gainful employment and stable housing. They typically have to avoid alcohol and drug use, as well as social activities involving other people with criminal records. Those accused of violating the terms of their probation may worry about the possibility of criminal penalties.
Do probation violations automatically lead to incarceration?
Incarceration is common after probation violations
The duration of probation oversight and the restrictions imposed by the courts are different in every case. Additionally, the penalties possible if the judge didn’t send someone to probation can be drastically different from one case to the next.
Not everyone accused of a probation violation ends up in state custody, but many do. It is important to note that those found guilty of violating probation are potentially at risk of serving the full sentence the judge could have imposed instead of probation.
Thankfully, those accused of violating the terms of their probation do have the option of defending against those allegations. They can partner with the defense attorney to respond to the accusations they face in criminal court.
Sometimes, what seems like a violation to a probation professional or police officer might be the result of miscommunication or even mistaken identity. Other times, there might potentially be extenuating circumstances that could inspire a judge to give the defendant another chance before forcing them to serve the sentence the courts could have imposed instead of probation.
While a lengthy stay in state custody is not a guarantee after allegations of a probation violation, it is a serious concern in many cases. Responding assertively to allegations of misconduct can help those dealing with the criminal justice system to potentially avoid penalties for alleged probation violations.