Cambridge, MD asked in Criminal Law for Maryland

Q: If I am federally indicted while on parole/probation, will violate the parole/probation?

I was under the impression that if I am indicted or found guilty of federal charges, it will not violate the state probation.

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If, following the date you were sentenced and placed on probation, you committed a new offense and are charged, then it could trigger a violation. If, however, the new charge is based on acts or crimes committed before you were placed on probation, then the new charge would not be a violation, even if the arrest or indictment happened after you were placed on probation. Time of the act giving rise to the crime is what matters. It is irrelevant whether the new charge is federal or state related.

Scott Scherr agrees with this answer

Scott Scherr
Scott Scherr
Answered
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: If you were on parole or probation for a state crime and you are charged with committing a new federal crime that took place while on parole or probation, this can be a parole or probation violation. It makes no difference that it is a federal crime.

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