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How long can you be incarcerated on a VOP for a DUI before getting a court date?

Thurmont, MD |

My son violated his probation in the middle of November , a warrant was issued and he was picked up, we left him sit 17 days, then bailed him out because he still didn't have a court date
I'm told 60 days is the maximum time to serve for a first DUI
My son was just picked up again, apparently another VOP ( didn't know he could violate again )
Can they keep him in jail more than 60 days waiting for a court date? how does he move things along . His case is in Circuit court in Baltimore county, md his vop are for not showing up, no ohter rimes have been committed.

Attorney Answers 4


Your son should ask for a hearing date asap. The maximum sentence he could receive depends upon his sentence. Since I have many cases in Baltimore County Circuit, I presume on a first time DUI that your son received probation before judgment, thus the maximum penalty for violating probation is either 1 year if convicted of driving while under the influence or 60 days if convicted of driving while impaired. There are few judges in Baltimore County Circuit who would impose more than what your son has & will serve pending the hearing, regardless of the number of ways he violated his probation. Thus, you should retain counsel for him or have him retain the Public Defender ASAP so that he can go before the Judge and most likely be released on a "time served" sentence.

Michael G. DeHaven
Smith, Gildea & Schmidt, LLC
600 Washington Avenue
Suite 200
Towson, MD 21204
(410) 821-0070

Please be advised that this response does not constitute "legal advice," nor does it create an attorney-client relationship. You should seek counsel of an attorney before taking any actions or deciding not to take any actions.

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A person might not be held longer than the maximum possible sentence. The maximum possible sentence for violating probation is what ever sentence was originally suspended. Sometimes the reason for violating probation is a new crime. Sometimes a person decides to postpone the violation, in order to resolve the new charge first.

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The short answer is that the court can hold your son longer than the 60 days. He should get credit against any sentence that is eventuall imposed. However, the reason he is now being held is that he is flight risk - not the sentence. He should request a hearing ASAP. Ususally, at the bond hearings, defendants are given court dates. It would be unussaul for him to sit 60 days. He really needs an attorney for this matter.

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Your son needs to have an attorney contact the sentencing judge to schedule a hearing on the violations of probation. Although a hearing will get set in at some point, you want to ensure that he does not servei more time than what had been originally suspended. The maximum sentence for a DUI is 1 year, more (2 or 3 years) if he is a subsequent offender (1 or more convictions) The lesser offense of DWI carries a maximum penalty of 60 days unless a subsequent offender (1 year)

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