Violation of Probation: Motion to Dismiss for Violation of MD Rule 4-347 (a)


Below is an excerpt for a motion to dismiss a petition to violate probation on the basis for failing to articulate the nature of the violation. It was drafted by Paul J. Notarianni in 2019.

Maryland Rule 4-347 (a) states, in pertinent part, that a petition to violate probation “shall state each condition of probation that the defendant is charged with having violated and the nature of the violation.”    In this case, Maryland Rule 4-347 (a) has been violated.  No allegation of violation of probation has been put forward in the petition.  There is some illusionary language in the petition that claims the Defendant [committed a violation].  However, throughout the remainder of the charging document, the Agent indicates that the Defendant has in fact been compliant. The statement of charges in this matter does not contain any actual allegations of charges. It only contains ideal speculation of the Agent, the Agent’s opinion that the Defendant might reoffend.

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