If you are facing felony charges in Maryland, one of your first questions is likely whether you can avoid prison. The answer depends on the specific charge, your criminal history, and the strength of your defense. In many cases, probation is a realistic outcome — even for felony convictions. Understanding when and how probation applies to felony cases in Maryland can help you make informed decisions about your defense strategy.
Does Maryland Allow Probation for Felonies?
Yes. Maryland judges have broad discretion in sentencing, and probation is available for most felony convictions. A judge can impose a sentence that includes some or all of the prison time suspended, with the defendant placed on probation instead. For example, a judge might sentence someone to 10 years in prison, suspend all but 2 years, and place them on 3 years of supervised probation after release — or suspend the entire sentence in favor of probation alone.
There are certain offenses where mandatory minimum sentences limit a judge’s ability to grant probation. For example, some firearm offenses and repeat violent offenses carry mandatory prison time that cannot be suspended. But for a wide range of felonies — including many drug offenses, property crimes, and non-violent felonies — probation is on the table.
Supervised vs. Unsupervised Probation
Maryland has two main types of probation. Supervised probation requires you to report regularly to a probation officer, comply with specific conditions (such as drug testing, curfews, or employment requirements), and obtain permission before traveling. Unsupervised probation does not require regular reporting but still carries conditions — and violating those conditions can result in incarceration.
For felony convictions, supervised probation is far more common. The length of probation varies, but terms of 3 to 5 years are typical for felony cases. During that time, any new arrest, failed drug test, or missed appointment can trigger a violation hearing that puts your suspended prison time back in play.
Probation Before Judgment for Felonies
Probation before judgment, or PBJ, is a special disposition in Maryland where the judge places you on probation without entering a conviction on your record. PBJ is most commonly associated with first DUI offenses and misdemeanors, but it is technically available for some felonies as well.
For felony charges, PBJ is less common but not impossible. Judges are more likely to consider it for first-time offenders, cases with mitigating circumstances, or situations where the defendant has demonstrated genuine rehabilitation efforts. If you successfully complete the PBJ probation period, you may be eligible to have the charge expunged from your record through the post-conviction process.
Factors That Affect Whether You Get Probation
Several factors influence whether a judge will grant probation for a felony conviction in Maryland:
The severity of the offense. Non-violent felonies like theft, fraud, and drug possession are more likely to result in probation than violent offenses like assault, manslaughter, or armed robbery.
Your criminal history. First-time offenders are far more likely to receive probation than repeat offenders. A clean record demonstrates to the judge that incarceration may not be necessary.
The circumstances of the case. Judges consider the specific facts — was anyone injured, what was the defendant’s role, were there mitigating factors like addiction or mental health issues?
Your attorney’s advocacy. An experienced defense attorney can present mitigating evidence, character references, treatment records, and sentencing alternatives that make a compelling case for probation. The difference between a good sentencing presentation and a mediocre one can be the difference between probation and prison.
The prosecutor’s recommendation. While the judge makes the final decision, the State’s Attorney’s recommendation carries significant weight. A skilled defense lawyer may negotiate a plea agreement that includes a probation recommendation.
What Happens If You Violate Felony Probation
Violating the terms of your probation is serious. Your probation officer can file a violation report, and the court will schedule a violation of probation hearing. At that hearing, the judge can revoke your probation and impose some or all of the suspended prison time. The standard of proof at a VOP hearing is lower than at trial — the State only needs to prove the violation by a preponderance of the evidence, not beyond a reasonable doubt.
Common probation violations include failing drug tests, missing appointments with your probation officer, being arrested for a new offense, leaving the state without permission, and failing to complete required programs. If you are facing a violation hearing, you need an attorney who can argue for continued probation rather than incarceration.
How a Criminal Defense Lawyer Can Help
Getting probation instead of prison for a felony charge is not automatic — it requires strategic defense work. At SoMD Criminal Defense, we build cases for probation from the start. We identify weaknesses in the State’s evidence, negotiate with prosecutors, prepare sentencing presentations, and present judges with a clear picture of why probation serves justice better than incarceration in your case.
We handle felony cases throughout Southern Maryland, including Waldorf, La Plata, Calvert County, St. Mary’s County, and Prince George’s County. Learn about the cost of hiring a criminal defense lawyer or view our full list of practice areas.
Contact SoMD Criminal Defense
If you are facing felony charges and want to know whether probation is possible in your case, call SoMD Criminal Defense at (240) 556-2933 or contact us online for a free consultation. The earlier you involve a defense attorney, the more options you have for avoiding prison and protecting your future.
If you are facing criminal charges in Southern Maryland, contact the experienced defense attorneys at SoMD Criminal Defense. We serve clients in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Call (301) 818-0389 or contact us online for a free consultation.
Frequently Asked Questions
What types of felonies are eligible for probation in Maryland?
Most non-violent felonies are eligible for probation in Maryland, including drug possession, theft, fraud, and certain property crimes. Even some violent felonies may result in probation depending on the circumstances, the defendant’s criminal history, and the judge’s assessment. Offenses with mandatory minimum prison sentences may limit probation eligibility, which is why consulting with a defense attorney about your specific charge is essential.
Can a judge give probation instead of prison for a felony?
Yes. Maryland judges have broad discretion in sentencing and can impose probation instead of active incarceration for most felonies. The judge typically imposes a prison sentence and then suspends all or part of it in favor of supervised probation. Your attorney’s ability to present mitigating factors and a compelling argument for probation can significantly influence the judge’s decision.
What happens if I violate felony probation in Maryland?
If you violate a condition of felony probation, the court can modify your probation conditions, extend the probation period, impose a period of incarceration as a sanction, or revoke probation entirely and impose the previously suspended prison sentence. The consequences depend on the nature of the violation and your overall compliance history. Having an attorney represent you at the violation hearing is critical.
