State Codes and Statutes

Statutes > Maryland > Criminal-procedure > Title-6 > Subtitle-2 > 6-223

§ 6-223. Additional powers of District Court.
 

(a)  Power to end probation.- A circuit court or the District Court may end the period of probation at any time. 

(b)  Presence of probationer or defendant required.- On receipt of written charges, filed under oath, that a probationer or defendant violated a condition of probation during the period of probation, the District Court may, during the period of probation or within 30 days after the violation, whichever is later, issue a warrant or notice requiring the probationer or defendant to be brought or appear before the judge issuing the warrant or notice: 

(1) to answer the charge of violation of a condition of probation or of suspension of sentence; and 

(2) to be present for the setting of a timely hearing date for that charge. 

(c)  Remand or release of probationer or defendant.- Pending the hearing or determination of the charge, a circuit court or the District Court may remand the probationer or defendant to a correctional facility or release the probationer or defendant with or without bail. 

(d)  Options after hearing.- If, at the hearing, a circuit court or the District Court finds that the probationer or defendant has violated a condition of probation, the court may: 

(1) revoke the probation granted or the suspension of sentence; and 

(2) impose any sentence that might have originally been imposed for the crime of which the probationer or defendant was convicted or pleaded nolo contendere. 
 

[An. Code 1957, art. 27, § 643A(c); 2001, ch. 10, § 2; 2009, ch. 513.]   

State Codes and Statutes

Statutes > Maryland > Criminal-procedure > Title-6 > Subtitle-2 > 6-223

§ 6-223. Additional powers of District Court.
 

(a)  Power to end probation.- A circuit court or the District Court may end the period of probation at any time. 

(b)  Presence of probationer or defendant required.- On receipt of written charges, filed under oath, that a probationer or defendant violated a condition of probation during the period of probation, the District Court may, during the period of probation or within 30 days after the violation, whichever is later, issue a warrant or notice requiring the probationer or defendant to be brought or appear before the judge issuing the warrant or notice: 

(1) to answer the charge of violation of a condition of probation or of suspension of sentence; and 

(2) to be present for the setting of a timely hearing date for that charge. 

(c)  Remand or release of probationer or defendant.- Pending the hearing or determination of the charge, a circuit court or the District Court may remand the probationer or defendant to a correctional facility or release the probationer or defendant with or without bail. 

(d)  Options after hearing.- If, at the hearing, a circuit court or the District Court finds that the probationer or defendant has violated a condition of probation, the court may: 

(1) revoke the probation granted or the suspension of sentence; and 

(2) impose any sentence that might have originally been imposed for the crime of which the probationer or defendant was convicted or pleaded nolo contendere. 
 

[An. Code 1957, art. 27, § 643A(c); 2001, ch. 10, § 2; 2009, ch. 513.]   


State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Criminal-procedure > Title-6 > Subtitle-2 > 6-223

§ 6-223. Additional powers of District Court.
 

(a)  Power to end probation.- A circuit court or the District Court may end the period of probation at any time. 

(b)  Presence of probationer or defendant required.- On receipt of written charges, filed under oath, that a probationer or defendant violated a condition of probation during the period of probation, the District Court may, during the period of probation or within 30 days after the violation, whichever is later, issue a warrant or notice requiring the probationer or defendant to be brought or appear before the judge issuing the warrant or notice: 

(1) to answer the charge of violation of a condition of probation or of suspension of sentence; and 

(2) to be present for the setting of a timely hearing date for that charge. 

(c)  Remand or release of probationer or defendant.- Pending the hearing or determination of the charge, a circuit court or the District Court may remand the probationer or defendant to a correctional facility or release the probationer or defendant with or without bail. 

(d)  Options after hearing.- If, at the hearing, a circuit court or the District Court finds that the probationer or defendant has violated a condition of probation, the court may: 

(1) revoke the probation granted or the suspension of sentence; and 

(2) impose any sentence that might have originally been imposed for the crime of which the probationer or defendant was convicted or pleaded nolo contendere. 
 

[An. Code 1957, art. 27, § 643A(c); 2001, ch. 10, § 2; 2009, ch. 513.]