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(a)?Requirement of Finding. ?Upon the completion of the presentation of evidence and closing arguments on the issue of whether the probationer has violated one or more conditions of a probation order, as alleged, the court shall make a determination of that issue. ?The court shall decide the matter promptly and shall not continue the proceeding generally.
(b)?Finding of No Violation. ?If the court determines that probation has failed to prove by a preponderance of the evidence that the probationer committed a violation alleged in the notice of violation, the court shall expressly so find and the finding shall be entered on the record.
(c)?Finding of Violation; ?Written Finding of Fact. ?If the court determines that probation has proved by a preponderance of the evidence that the probationer has violated a condition of probation as alleged in the notice of violation, or if the probationer waives the hearing and admits such violation and the court accepts such admission in accordance with Rule 6(g), the court shall expressly so find, and such finding shall be entered on the record. ?In a contested proceeding, the court shall make written findings of fact to support the finding of violation, stating the evidence upon which the court relied. ?A finding of violation based on an admission may be recorded as such.
(d)?Disposition After Finding of Violation. ?After the court has entered a finding that a violation of probation has occurred, the court may order any of the following dispositions set forth below, as it deems appropriate. ?These dispositional alternatives shall be the exclusive options available to the court. ?The court shall proceed to determine disposition promptly following the entry of a finding of violation. ?General continuances are prohibited. ?Awaiting the disposition of an underlying criminal charge shall not constitute such good cause for any continuance. ?In determining its disposition, the court shall give such weight as it may deem appropriate to the recommendation of the Probation Department, the probationer, and the District Attorney, if any, and to such factors as public safety; ?the circumstances of any crime for which the probationer was placed on probation; ?the nature of the probation violation; ?the occurrence of any previous violations; ?and the impact of the underlying crime on any person or community, as well as any mitigating factors.
(i)?Continuance of Probation. ?The court may decline to modify or revoke probation and, instead, issue to the probationer such admonition or instruction as it may deem appropriate.
(ii)?Termination. ?The court may terminate the probation order.
(iii)?Modification. ?The court may modify the conditions of probation. ?Such modification may include the addition of reasonable conditions and the extension of the duration of the probation order.
(iv)?Revocation; ?Statement of Reasons. ?The court may order that the order of probation be revoked. ?If the court orders revocation, it shall state the reasons therefor in writing.
(e)?Execution of Suspended Sentence; ?Stay of Execution. ?Upon revocation of a probation order, any sentence that was imposed for the crime involved, the execution of which was suspended, shall be ordered executed forthwith; ?provided, however, that such execution may be stayed (1) pending appeal in accordance with Mass. R. Crim. P. 31, or (2) at the court's discretion, and upon the probationer's motion, to provide a brief period of time for the probationer to attend to personal matters prior to commencement of a sentence of incarceration. ?The execution of such sentence shall not be otherwise stayed.
(f)?Imposition of Sentence Where No Sentence Previously Imposed. ?Upon revocation of probation in a case where no sentence was imposed following conviction, the court shall impose a sentence or other disposition as provided by law.
Cite this article: FindLaw.com - Maryland Code, Business Regulation § 16.7-211 - last updated December 31, 2021 | https://codes.findlaw.com/md/business-regulation/md-code-bus-reg-sect-16-7-211.html
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