Client Comments.

"I never realized how technical a charge of violation of probation could be and could never have presented the defenses you made on my behalf that resulted in an acquittal of all charges." -- S.S.

" Your aggressive representation was outstanding as it exceeded the result I hoped for as in addition to blocking the violation, you were able to get my probation terminated early. You are the lawyer they need to talk to. ~~ C.C.

"Many thanks for your outstanding representation in getting my violation of probation charge dismissed prior to the hearing, especially since the probation officer was recommending my probation be terminated and that I go to jail." M.N.

"Bruce Lamb is the lawyer you need to speak with about violation of probation. He researched higher court cases, prepared and filed pre-hearing motions and got the violation of probation dismissed before anyone had to testify. His representation was excellent." -- B.W.

"Your aggressive representation was outstanding as it exceeded the result I hoped for as in addition to blocking the violation, you were able to get an early termination of my probation. You are the lawyer they need to talk to." C.C.

"Thank you for your excellent representation, providing clear answers throughout the case and defending the violation of my existing probation, due to a subsequent conviction, so I did not have to serve either sentence imposed by each court." -- A.C.

Each case is different and past performance is not an assurance of a future result in any case.

When you call, we can explain defenses to Violation of Probation that you may not know about. These defenses can make the entire difference between winning or losing your VOP case. Even if you believe you are guilty, the state may not have enough evidene to prove you are guilty. I have seen this many times in the courtroom. When a person is placed on probation, they are provided with an Order of Court that has general conditions and special conditions that have to be followed in order to remain on probation.

Examples of these conditions are that you are to obey all laws, remain gainfully employed, not change your address with out prior permission and to avoid places and associations of undesireable character.

Examples of special conditions are that for an alcoholic that the person on probation must refrain from consuming alcoholic beverages, participating in an alcohol program.

In the event a violation of probation takes place, the probation officer drafts a request for probation to be violated and a hearing is held with the objective of having the original sentence imposed by the court to be served.

The goal of a violation od probation charge is to terminate the probation and to impose the original jail sentence that the judge imposed. The goal of the accused should be to determine what legal defenses are available to prevent the jail sentence that the judge imposed. If the accused is not able to get the violation dismissed, the accused will have to go to jail rather than remain on probation.

Jack Hyatt for many years was a senior criminal probation officer, a former Assistant State's Attorney and has participated in numerous violation of probation and parole trials and can provide the very best opportunity to present legal defenses to avoid the actual jail sentence to be imposed.

The experience, specific training and education of the lawyer that represents you can make the entire difference between winning and losing your case.

The goal of the violation proceeding is to impose the original jail sentence. Special defenses are available in these proceedings.

A violation of probation or parole occurs when conditions of probation have been breached or violated.

Jack Hyatt thoroughly understands the mechanics or probation, wheat the state's burdens are to prove a v2, what defenses will best work and which defences will not work. He will bring his experience, using both sides of the law, to aggressively represent you in your v2 and will provide the very best opportunity to avoid a jail sentence. You can begin your case by scheduling an appointment, or, if you are more than twenty miles from our office or are presently incarcerated, you can begin your case by mail.

If we accept your case, we will provide you with a special prompt package that will enable you to detail exactly what occurred. After questioning you, we will detail all of your options and the very best way to proceed in your case. If you are on probation with harsh conditions, with the correct preparation it is possible to have to conditions of probation modified and sometimes terminated early.

What is a Probation Violation? When a Maryland criminal defendant is on probation, there are general conditions of probation in the probation order and special conditions of probation that are usually written in by the court hat have to be obeyed. If any of these rules are broken during the probationary period, a probation violation occurs, which could result n having the probation terminated and the original jail sentence imposed. In order for probation to be terminated, however, the court must hold a hearing at which the defendant will either admit or deny the violation.

What are the ways in which probation can be violated? Probation can my violated in a number of different ways. The most frequent ways in which probation can be violated are:

Failure to pay court ordered restitution or fines. When the defendant does not pay required restitution or fines to the victim, a probation violation may occur and a show cause order can be issued. A show cause order is serious because the defendant is required o show the judge cause why he or she should not be found in violation.

If you are accused of a violation of parole for any of the following offenses, we can help

weapons offenses, such as being a felon in possession of a weapon.

DUI or driving under the influence of alcohol.

Drug offenses, in including possession of controlled dangerous substances.

all degrees of theft

reckless endangerment, such as discharging a gun

armed robbery

all degrees of assault

all degrees of burglary

unauthorized use of a motor vehicle

rape or sexual offenses

traffic offenses, such as speeding, reckless driving, or driving without a license

domestic violence

all degrees of murder

bad checks

arson

violation of a protective order

resisting arrest

kidnapping

e-mail or telephone misuse

all kinds of fraud

prostitution

sex offenses

animal cruelty

Possession of illegal substances -- a probation violation may occur when the defendant possesses illegal weapons or drugs.

Committing a subsequent offense. -- Staying out of trouble is mandatory during probation. Even if the subsequent offense has nothing to do with the charge underlying the probation,for example if a defendant on probation for assault is arrested for drunk driving, the second arrest will violate the original probation.

If the defendant commits new crimes during the probationary period, a probation violation may occur. Being charged for any subsequent offenses is usually a violation of the order of probation.

In the event you are charged with a violation of probation, the most effective time to retain a lawyer is immediately so that certain common mistakes can be avoided.

Probation before judgment is a sentence available to certain first-time offenders. Probation before judgment is neither a conviction not an acquittal, however, if the defendant completes the terms of his or her probation, such as completing a substance abuse program or paying restitution, he or she may be able to expunge any public record of the proceeding.

Probation is an option when sentencing instead of sending the convicted person to jail. Probation may not be available in all cases.

An offender on probation is ordered to follow certain general conditions of probation that are usually printed in the order of probation and special conditions that can be written in by the judge that are administered under the supervision of a probation officer. The probationer is ordinarily required to refrain from futures criminal activity or having possession of a gun, and may be ordered to continue working, reside in a certain place, obey the orders of the probation officer, or not leave the area. The probationer may be ordered as well to refrain from contact with the victims, or with potential victims of similar crimes. An order of probation may also contain special conditions of probation such as not to consume alcohol or possess drugs

. Failure to comply with special or general conditions of probation. A violation of probation can take place when a person on probation fails to complete the required conditions of probation.

Failure to appear when ordered. When the defendant fails to appear for the required court appearance, a probation violation may occur.

Violation of Rules. Part of probation may include rules that prohibit the defendant from visiting certain locations or persons. When eh defendant fails to adhere to these rules, a probation violation may occur.

Failure to report as ordered by the probation officer. The probation officer can order the defendant to report to a probation office at scheduled times. The failure to appear when expected may result in a probation violation.

A special condition of probation is a private law that applies only to the person on probation. it is always very specific, for example defendant is to have no contact with the victim, or defendant must attend a victim impact presentation provided by Mothers Against Drunk Driving.

If you were given probation, as part of your sentence you can also be able to do a work release program that means that instead of actually going to jail, you could stay at home and work so long as you complied with the conditions of your probation. It is also possible that the person on probation may be required to possess an electronic device, which signals whereabouts to officials. It is not unusual for a person on probation to be ordered to submit to alcohol or drug testing or to participate in alcohol or drug programs

A probation violation is itself a criminal charge that occurs when you break the terms or general or special conditions of your probation. The offense carries a wide variety of sanctions that can include the imposition of the original sentence. This means that if you are found to have violated the terms and conditions of your probation, the probation ca be violated.

The violation of probation jail time, if any, is determined by the judge. The same judge will preside over the probation for the entire length of the probation. Often, a conviction results in a split sentence, so that a person is sentenced to sixty days in prison with thirty days suspended, followed by eighteen months of supervised probation.

What is violation of probation charge?

A violation of probation charge occurs when a general or special condition is violated. A general condition might require the defendant to obey all laws, while a special condition might require the defendant to have no contact with the victim.

maryland probation lawyer

What happens at a violation of probation sentencing?

At a probation sentencing, the court will hear the evidence and make a decision as to whether the conduct alleged violates the defendant's probation and whether the probation should be revoked, continued, or closed. The standard of proof is different at a probation hearing than at a criminal trial. In a criminal trial, the State's case must be proved beyond a reasonable doubt, sometimes expressed as 95% confidence in a defendant's guilt, while at a violation of probation hearing, the evidence must only be more likely than not, sometimes expressed as 51% confidence. In addition, the rules of evidence at a violation of probation hearing are somewhat looser than those of a criminal trial, so that hearsay, for example, can be considered.

What is a violation of probation warrant?

A violation of probation warrant is issued by a judge when the person on probation can not be found; it requires any police officer in the State to apprehend the subject and hold him or her for trial.

What causes a a violation of probation?

A violation of probation occurs when the person on probation defaults on any of the conditions by, for instance, failing to report to his or her probation officer as scheduled or failing to pay restitution. Failure to pay probation costs by itself will not usually subject a person to incarceration. The most frequent excuse for defendants accused of failing to report is a lack of transportation, however, judges almost never accept this excuse, since it is up to each person to secure transportation and to allow sufficient travel time.

Equity - Generally, fairness or justice. Equity refers to a separate system of law developed in response to the inability of law courts to produce a just result for every injury. The crown established a court of chancery to provide justice to the parties in which the common law was unable to give adequate redress. The concept underlying equity is that equity will achieve a lawful result when legal process is inadequate. Remedies such as injunctions and restraining orders are equitable remedies.

Evidence - Proof, consisting of exhibits or testimony that are accepted by the trier of fact at any stage of court proceedings.

Privilege - A power, right, or immunity belonging to a class or person beyond the course of law, for example the privilege against self-incrimination guaranteed by the Fifth Amendment.

Probable Cause - The evidence required before a person or property may be searched or seized by law enforcement and before a search or arrest warrant may be issued.

maryland probation attorney

Family Allowance - A small sum of money set aside from the probate estate of a deceased person. Its purpose is to provide for the surviving family members during the administration of the estate. P>Severance - Separation of defendants or offenses into different trials.

Show Cause Order - Court order for a person to appear in court to explain why some action should not be taken.

Closing Argument - Closing statement, by lawyer for either side, to the jury or judge after all parties have concluded their arguments.

Codicil - Appendix to a will dog bite attorneys in Maryland.

Secured Debt - Debt guaranteed by the power of the creditor to repossess property. dog bite attorneys in maryland

Calendaring - Assigning and scheduling of court appearances on a calendar.

Capital Crime - Crime punishable by death.

Rest – To conclude a case.

Restitution –Financial compensation to the victim of a crime.

Civil Procedure - Rules governing the conduct of a case.

Class Action - A lawsuit brought by a representative plaintiff on behalf of a larger group.

probation before judgment

Clear and Convincing Evidence -The standard of proof controlling the weight of evidence that must be presented for the plaintiff to win the case, expressed as roughly seventy per cent certainty, as compared to the fifty one per cent required by the preponderance of the evicence standard and the ninety-five percent required by the beyond a reasonable doubt standard.

Clemency - Act of lenience by the executive branch of government to mitigate a criminal sentence.

Rules of Evidence – Rules controlling the admissibility of evidence in civil or criminal cases.

Satisfaction of Judgment – Payment of all sums to be winner of a court case.a court judgment.

Seal - The Clerk of Court's guarantee of authenticity.

Caption - Heading on a legal document setting forth the the parties, count, case number, and related information.

Case Law - Law decided by previous opinions of appellate courts.

PBJ

Certified Copy - Copy of a document with a certificate by the officer who has custody of the original attesting to

Collateral Estoppel – Rule that bars retrial between the same parties of a particular issue fact when there is a prior judgment. required to preserve error.. In regulatory cases these are objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers, maryland dog bite lawyer,

Exclusionary Rule - The rule preventing illegally obtained evidence, such as property found during an illegal search, from being used in any trial.

Final Order - An order that terminates the lawsuit between the parties, resolves the merits of the case, and leaves nothing to be done but enforcement.

Rescission –Rescinding of a contract.

Commit – Confine a person by a court order.

Remedy - Legal means by which a right is enforced or the violation of a right is prevented, redressed, or compensated.

Remittitur - Reduction by a judge of the damages awarded by the jury in a case

Ex Parte Proceeding - The legal procedure in which only one side is present or represented. It differs from the adversary system or adversary proceeding, and is only lawful in limited circumstances such as a hearing for a temporary restraining order,

Principal - The person primarily liable; the person for whom performance of a certain obligation a surety has become bound.

Property Bond - A signature bond secured by a mortgage or some real property.

Pro Se - In one's own behalf, usually used to refer to a individual representing himself or herself in a court action, instead of being represented by an lawyer.

Fraud - Intentional deception to deprive another person of property or to injure that person in some way, Tax Court of the United States - A judicial body which hears cases concerning federal tax issues

Proximate Cause - The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his her action or by his her failure to act when he she had a duty to act, ,.

Execute - To complete the legal requirements such as signing before witnesses that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect.

Executor - A personal representative, named in a will, who administers an estate.

Exempt Property - In collection, execution, and bankruptcy proceedings, this refers to certain property protected by law from the reach of creditors.

Estate - An estate consists of personal property car, household items, and other tangible items , real property and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds unless the estate was made the beneficiary or other assets that pass outside the estate like a joint tenancy asset maryland dog bite lawyers,

Exhibits - A document or item that is formally introduced in court and which, when accepted, is made part of the case file.

Expungement - Official and formal erasure of a record or partial contents of a record crime less aggravated, heinous, or reprehensible than it would otherwise be.

Initial Appearance - In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he she usually does not offer evidence. Also called first appearance,

Liquidation The sale of a debtor's property with the proceeds to be used for the benefit of creditors.

Liquidated claim A creditor's claim for a fixed amount of money.

Magistrate judge A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties,

A Maryland probation lawyer can look for facts and circumstances that are available to contest the general conditions that are set forth in any violation of probation. A Maryland probation attorney can look for issues that will be helpful to contest the violations of special conditions that may have been imposed.

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