I am on supervised probation after receiving aPBJ for possession of marijuana/ How can I have it changed to unsupervised. I work professionally.

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I am on supervised probation after receiving aPBJ for possession of marijuana/ How can I have it changed to unsupervised. I work professionally.

I work in a professional capacity as a program manager for a rehab program; consequently, I am constantly working with the Office of Parole and Probation concerning my clients. It would have an extreme and devastating effect on my professional record if this comes to light. I have not met my probation officer yet. I just today went to the main office and signed it. Please let me know what to do?  thank you very much

Asked on April 20, 2009 under Criminal Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well this sounds like your first offense to get probation before judgment.  Did you have a public defender or private counsel help you negotiate this or was this a decision by the prosecutor based on your criminal record or lack thereof?

Well, your attorney will need to probably file a  motion to request it be unsupervised but based on what you do, and where you work and the fact it sounds this PBJ just happened, not sure if the court will grant it.  You will need a sentence review.

To hire or consult an attorney in your area, try www.attorneypages.com, the Maryland state bar, or county bar associations in your area.

Here are some items to review, as well:

http://www.dpscs.state.md.us/locations/dpp_offices.shtml

 

§ 6-220. Probation before judgment.

 
 
 
 

   
 
 

(a)  "Custodial confinement" defined.- In this section, "custodial confinement" means: 

 
 
 
   
 
 

(1) home detention; 

 
 
 
   
 
 

(2) a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or 

 
 
 
   
 
 

(3) inpatient drug or alcohol treatment. 

 
 
 
   
 
 

(b)  In general.-  

 
 
 
   
 
 

(1) When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions if: 

 
 
 
   
 
 

(i) the court finds that the best interests of the defendant and the public welfare would be served; and 

 
 
 
   
 
 

(ii) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea. 

 
 
 
   
 
 

(2) Subject to paragraphs (3) and (4) of this subsection, the conditions may include an order that the defendant: 

 
 
 
   
 
 

(i) pay a fine or monetary penalty to the State or make restitution; or 

 
 
 
   
 
 

(ii) participate in a rehabilitation program, the parks program, or a voluntary hospital program. 

 
 
 
   
 
 

(3) Before the court orders a fine, monetary penalty, or restitution, the defendant is entitled to notice and a hearing to determine the amount of the fine, monetary penalty, or restitution, what payment will be required, and how payment will be made. 

 
 
 
   
 
 

(4) Any fine or monetary penalty imposed as a condition of probation shall be within the amount set by law for a violation resulting in conviction. 

 
 
 
   
 
 

(5) As a condition of probation, the court may order a person to a term of custodial confinement or imprisonment. 

 
 
 
   
 
 

(c)  Participation in treatment and education programs.-  

 
 
 
   
 
 

(1) When the crime for which the judgment is being stayed is for a violation of § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, the court: 

 
 
 
   
 
 

(i) before imposing a period of probation, may order the Department of Health and Mental Hygiene to evaluate the defendant in accordance with § 8-505 of the Health - General Article; 

 
 
 
   
 
 

(ii) if an evaluation was ordered under item (i) of this paragraph, shall review the evaluation before imposing a period of probation; and 

 
 
 
   
 
 

(iii) shall impose a period of probation and, as a condition of the probation: 

 
 
 
   
 
 

1. shall require the defendant to participate in an alcohol or drug treatment or education program approved by the Department of Health and Mental Hygiene, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition; and 

 
 
 
   
 
 

2. may prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with an ignition interlock system under § 27-107 of the Transportation Article. 

 
 
 
   
 
 

(2) When the crime for which the judgment is being stayed is for a violation of any provision of Title 5 of the Criminal Law Article, the court shall impose a period of probation and, as a condition of probation, require the defendant to participate in a drug treatment or education program approved by the Department of Health and Mental Hygiene, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition. 

 
 
 
   
 
 

(d)  Conditions under which probation before judgment prohibited.- Notwithstanding subsections (b) and (c) of this section, a court may not stay the entering of judgment and place a defendant on probation for: 

 
 
 
   
 
 

(1) a violation of § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, if within the preceding 5 years the defendant has been convicted under § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, or has been placed on probation in accordance with this section, after being charged with a violation of § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article; 

 
 
 
   
 
 

(2) a second or subsequent controlled dangerous substance crime under Title 5 of the Criminal Law Article; 

 
 
 
   
 
 

(3) a violation of any of the provisions of §§ 3-303 through 3-307, §§ 3-309 through 3-312, § 3-315, or § 3-602 of the Criminal Law Article for a crime involving a person under the age of 16 years; or 

 
 
 
   
 
 

(4) a moving violation, as defined in § 11-136.1 of the Transportation Article, if: 

 
 
 
   
 
 

(i) the defendant holds a provisional license under § 16-111 of the Transportation Article; and 

 
 
 
   
 
 

(ii) the defendant has previously been placed on probation under this section for the commission of a moving violation while the defendant held a provisional license. 

 
 
 
   
 
 

(e)  Waiver of right to appeal.-  

 
 
 
   
 
 

(1) By consenting to and receiving a stay of entering of the judgment as provided by subsections (b) and (c) of this section, the defendant waives the right to appeal at any time from the judgment of guilt. 

 
 
 
   
 
 

(2) Before granting a stay, the court shall notify the defendant of the consequences of consenting to and receiving a stay of entry of judgment under paragraph (1) of this subsection. 

 
 
 
   
 
 

(f)  Effect of violation of probation.- On violation of a condition of probation, the court may enter judgment and proceed as if the defendant had not been placed on probation. 

 
 
 
   
 
 

(g)  Effect of fulfillment of conditions of probation.-  

 
 
 
   
 
 

(1) On fulfillment of the conditions of probation, the court shall discharge the defendant from probation. 

 
 
 
   
 
 

(2) The discharge is a final disposition of the matter. 

 
 
 
   
 
 

(3) Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime. 

 
 
 
   
 
 

(h)  Local provisions.- Repealed by Acts 2003, ch. 21, § 1, effective October 1, 2003. 

 
 
 
   
 
 

(i)  Custodial credit.- If an individual violates the terms of probation, any time served by the individual in custodial confinement shall be credited against any sentence of incarceration imposed by the court. 

 
 
 
 

   
 
 

[An. Code 1957, art. 27, § 641; 2001, ch. 10, § 2; ch. 35; ch. 356, § 2; 2002, ch. 213, § 6; ch. 420; 2003, ch. 248; ch. 378, § 1; 2004, chs. 335, 551; 2005, chs. 460, 564.] 

 
 
 
 
 
 
 

§ 8-102. Right to sentence review.

 
 
 
 

   
 
 

(a)  Persons entitled to review.- Except as provided in subsection (b) of this section, a person convicted of a crime by a circuit court and sentenced to serve a sentence that exceeds 2 years in a correctional facility is entitled to a single sentence review by a review panel. 

 
 
 
   
 
 

(b)  Exception.- A person is not entitled: 

 
 
 
   
 
 

(1) to a sentence review if the sentence was imposed by more than one circuit court judge; or 

 
 
 
   
 
 

(2) to a review of an order requiring a suspended part of a sentence to be served if: 

 
 
 
   
 
 

(i) the sentence originally was wholly or partly suspended; 

 
 
 
   
 
 

(ii) the sentence was reviewed; and 

 
 
 
   
 
 

(iii) the suspended sentence or suspended part of that sentence later was required to be served. 

 
 
 
   
 
 

(c)  Sentence exceeding 2 years.- For purposes of this subtitle, a sentence that exceeds 2 years is a sentence in which the total period of the sentence and any unserved time of a prior or simultaneous sentence exceeds 2 years, including: 

 
 
 
   
 
 

(1) a sentence imposed by a circuit court; 

 
 
 
   
 
 

(2) a requirement by a circuit court that all or part of a suspended sentence be served; and 

 
 
 
   
 
 

(3) a prior or simultaneous sentence, suspended or not suspended, that has been imposed by a court or other authority of the State or of another jurisdiction. 

 
 
 
 

   
 
 

[An. Code 1957, art. 27, §§ 645JA(a), 645JB; 2001, ch. 10, § 2; ch. 29, § 5; 2002, ch. 19, § 1; 2005, ch. 387; 2007, ch. 647.] 

 

   
 
 

§ 8-103. Right to counsel.

 
 
 
 

   
 
 

(a)  In general.- A person entitled to file an application for a sentence review under this subtitle has the right to be represented by counsel: 

 
 
 
   
 
 

(1) to determine whether to seek a sentence review; and 

 
 
 
   
 
 

(2) to file an application for a sentence review. 

 
 
 
   
 
 

(b)  Obtaining counsel.- The counsel representing a person for a sentence review may be: 

 
 
 
   
 
 

(1) retained by a person who is entitled to file an application for review under this subtitle; 

 
 
 
   
 
 

(2) appointed by the sentencing judge; or 

 
 
 
   
 
 

(3) provided under Title 16 of this article. 

 
 
 
 

   
 
 

[An. Code 1957, art. 27, § 645JE(a); 2001, ch. 10, § 2; ch. 29, § 5; 2002, ch. 19, § 1; 2008, ch. 13.] 

 
 
 
 

 


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