Official documents show that a legal authority in the state faces a probation violation hearing related to drinking and driving. If he is found guilty, the defendant faces two months in jail. In 2003, defendant was found guilty of another DUI and was also placed on probation for that offense.
The defendant is appealing a court decision related to his probation because the judge denied him probation before judgment. He was convicted of marijuana possession in November 2012, which led to the current probation violation.
The courts view probation violation charges seriously and often enforce additional penalties for convictions. The judge may rely on the probation officer to write a probation report and make a recommendation regarding sentencing. While the judge considers all the evidence in the case, he or she will sometimes weigh the probation officer’s input heavily.
A person who is on probation in Maryland for drinking and driving may not possess marijuana or any illegal drugs. In addition to a flagrant violation of the terms of probation, the courts consider this a new crime. The offender could face two separate prison sentences: one for the violation of probation and one for the commission of a new crime; the judge can even order the defendant to serve the sentences back-to-back.
A criminal attorney may defend someone who faces these serious charges. The prosecution might consider a possible combination of sentences or even reinstatement to probation after further discussion with the lawyer. The attorney might review the offender’s performance on probation and the circumstances related to his or her release in the community in order to make such a recommendation to the prosecution.
Source: Baltimoresun.com, Carl Snowden charged with probation violation,” Dec. 23, 2012