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Violation of probation for disturbing the peace

Gaithersburg, MD |

I'm on 1 year supervised probation, and I got a citation for disturbing the peace.....will I go to jail for violating my probation?

I'm on probation for a misdemeanor...conspiracy to distribution marijuana....but I also have a court date for a pbj on march 20 to see if I can get that removed from my record....will this citation affect my case to get the charge removed

Attorney Answers 2

  1. Best answer

    I agree with Mr. Havens but would add two other thoughts.

    First, what often gets folks into trouble with their PO is not so much being charged with a minor offense but failing to inform the PO what happened. If the PO later finds out, then you may be looking at a double violation--violating the law and failure to report--which enhances your chance of a harsh sanction. This is similar to being denied a job not because of your priors, but because you lie about your priors on an employment application.

    Second, in my cynical defense attorney opinion, officers often cite persons with disturbing the peace or disorderly conduct just because the persons talk back to the officers or don't jump high enough when the officer whistles. It may be that you want to contest the new charge. Although the sentencing judge can find you guilty of VOP even if you are acquitted on the new charge, since the burden of proof is different, typically the PO will not even file for VOP unless and until you are convicted on the new charge, in the interests of judicial economy.

  2. You should immediately advise your probation officer of the citation. Depending on the circumstances, the probation officer may not take any actions. However, if the probation officer thinks it is warranted, the probtion officer may file a petition for violation of probation. A hearing will be scheduled before the sentencing judge. Depending on the circumstances that led to the citation, how well you are doing on other conditions of your probation, the length of time you have been on probation, the crime for which you are on probation and the sentence that is hanging over you, you may be found in violation but not sentenced to jail or you may be sentenced for a period less than your full back up time. If a petition for violation of probation is filed, you should immediately hire an attorney.