Maryland Probation Laws

When someone gets convicted of a crime in Maryland, judges can suspend their sentence and place them on probation rather than send them to jail. Probation, or “community supervision,” is any post-conviction supervision except incarceration.

Judges have the option of supervised and unsupervised probation. First-time offenders convicted of misdemeanors and nonviolent felonies may get unsupervised probation. The terms and conditions of probation depend on the judge and the jurisdiction.

Judges may extend probation beyond the term of incarceration. Maryland limits probation to not more than five years in circuit court or three years in district court. Maryland law allows longer terms for convicted sex offenders.

Maryland Probation Laws

Maryland Code of Criminal Procedure § 6-219 et seq.

After the court places someone on probation, the Division of Parole and Probation takes over. The way the probation proceeds depends on the terms and conditions imposed by the court.

Unsupervised probation means the probationer does not have a probation officer. The probationer must obey the terms of their probation, but nobody follows up on their progress. Probationers may need to check in at automated kiosks or send a report back to the court to show they have completed any required programs.

In supervised probation, the probationer must report to a probation officer. The probationer may have to report in person at first, then later by phone or text.

Standard conditions of probation include:

• Obey all laws.
• Notify the court or probation officer of any new criminal charges
• If on supervised probation, report to the assigned probation officer as required
• Maintain regular employment or continue seeking employment
• If attending school or other education program, continue to do so
• Make all court appearances
• Pay all court-ordered court costs and restitution
• Get permission or notify the court before changing your home address, employment, or leaving the state of Maryland

Judges can add special conditions to probation if needed, depending on the nature of the offense. Special conditions fit a particular crime or enable probationers to work off fees and costs instead of cash payments. Special conditions may include:

• Community service. This is popular for juvenile and first-time offenders.
• Regular drug or alcohol testing.
• Attend a substance abuse treatment program or similar treatment program.
• Get an ignition interlock device or alcohol tether.

Probation Violations

There are two ways you can violate probation in Maryland.

Non-technical violation of probation is:

• An arrest following charges filed by a law enforcement officer
• Violation of the law other than a minor traffic offense
• Violating a no-contact order
• Absconding from probation

In general, a non-technical violation means you have committed another serious crime. This will likely result in revocation of probation and jail time.

A technical probation violation is not another criminal offense (CCP § 6-223). Due to changes in Maryland’s probation rules (known as Rule 4 violations), judges can sentence probationers to jail for violating probation. Technical violations include:

• Missing an appointment with a probation officer
• Failing a drug or alcohol test (“testing hot”)
• Failing to complete any court-ordered course or community service
• Failure to pay court costs or restitution

The sentences for a technical violation are:

• First violation: up to 15 days in jail
• Second violation: up to 30 days in jail
• Third violation: up to 45 days in jail
• Fourth violation: revocation of probation and imposition of original sentence

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Maryland Codes and Court of Appeals Opinions

• Code of Maryland
• Maryland Court of Appeals Opinions

More Resources

If you have more questions about Maryland’s probation laws, click on the following links below to learn more:

• DUI Sentencing
• Crimes Against Justice
• Maryland Criminal Statute of Limitations Laws

Get Legal Advice from a Maryland Criminal Defense Attorney

Probation is a suspended sentence and a chance to get on with your life. It is easy to violate your probation conditions and end up back in court. If you are, you need legal advice from a Maryland criminal defense attorney who can defend your case and keep you out of jail.