Enhancing probation terms and conditions to align with trial court plea using a Violation of Probation Hearing

Asked 4 months ago - Towson, MD

I was convicted of a felony and was given 10 years. Now I am on mandatory release supervision. The Parole agent put in a violation of probation to align the guidelines P&P wants implemented, but were never agreed to during the trial plea and sentencing. Such as the plea only stated no contact with victims and registration. The agent has put in for a violation of probation to align what P&P wants such as attend meetings and be under a specialized supervision unit, and additional restrictions. I signed the standard Mandatory Parole release papers, and it states on there that additional supervision requirement may be imposed. But if the court didn't sentence me to this, can it now be enforced?

Attorney answers (4)

  1. Scott R. Scherr

    Contributor Level 18

    1

    Lawyer agrees

    Answered . If you were represented by counsel in the underlying case, contact your lawyer about this issue. If you were not represented, contact an attorney and them review the conditions and represent you at the VOP hearing. It may be necessary to get a CD recording of the disposition to see what conditions the court imposed.

    This answer is being given for general informational purposes only and is not protected by the attorney-client... more
  2. Jonathan L Katz

    Pro

    Contributor Level 13

    Answered . In Maryland, a common standard probation condition is to follow your probation officer's lawful orders, but the argument goes that tour agent cannot order you to do anything that the judge explicitly decided you need not do. Beyond that are additional arguments that probation does not allow your agent carte blanche in making orders to you.

    It is time for you to hire your original or a new lawyer to defend you, and to discuss whether you are being accused of violating any probation conditions other than following your agent's "lawful orders".

    Upon finding a probation violation, a judge has the option to order you to serve some or all of tour suspended sentence, and impose harsher probation conditions. All the best to you. Jon

    None of my comments on AVVO's website constitute legal advice. It is only food for thought for possible matters to... more
  3. Jason W Cleckner Esq.

    Pro

    Contributor Level 13

    Answered . It sounds to me like you're asking why you have to comply with both parole and probation, and the answer may be because they are two separate things. But without more details and a look at your papers this question is impossible to answer further. Is there some reason you can't ask your lawyer?

    Nothing posted by Mr. Cleckner on Avvo or in response to an Avvo question or request is intended to be considered... more
  4. J. Denise Carter

    Contributor Level 18

    Answered . I agree with counsel, I'd have a lawyer (whether it's the one who represented you or a new one) to represent you at the VOP. Probation and parole get away with a lot if you don't have someone there fighting for you. Hope that's helpful

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