Leonardtown, MD — Every month probation agents, prosecutors and defense attorneys pile into St. Mary’s County Circuit Court Judge Michael Stamm’s courtroom on the second floor of the Leonardtown courthouse. That’s when the judge hears violation of probation (VOP) cases. On Monday, December 8 there were 27 cases scheduled. The hearings lasted all morning and into the afternoon. It was not an unusual schedule for the judge.

In Maryland, judges typically sentence defendants to a certain amount of jail time and then suspend a part of it. When that person is released from jail they are under either supervised or unsupervised probation for a fixed period of time.
Conditions are imposed by the judge for the probation. If any of the conditions aren’t adhered to, the judge can violate the probation and reinstate the suspended portion of the sentence, otherwise known as back-up time. The process provides a strong incentive for the person not to run afoul of the law again.

Judge Stamm at every sentencing hearing tells the defendant that if they violate their probation the chances are that the back-up time will be reinstated and they’ll have to serve that time in jail. He rarely deviates from that policy.

He did once on December 8th. A defendant had a condition imposed that he get a GED diploma. Evidence was presented that the defendant had worked very hard to get the diploma but had not succeeded. Judge Stamm, who is a former teacher, showed empathy for the effort made and dismissed the violation charge.

A typical condition is that the defendant “obey all laws.” That means if they are arrested while on probation they can be violated. In several of the cases on Monday, the defendant’s attorney asked for a delay until the charge that brought on the violation could be adjudicated.

With many cases coming before court these days being drug related, conditions imposed could include getting and completing drug counseling, successfully completing Adult Recovery Court, and/or routine drug testing. Failure in those conditions can lead to the probation being violated.

A number of the cases were also postponed on Monday because the hard-working public defenders representing the defendants had not had enough time to prepare their cases.

During the VOP hearings the judge not only listens to the prosecutors and defense attorneys but also to representatives of the Department of Parole and Probation, who give their recommendations in the cases.

Of the 27 cases on the docket, only six were actually heard that resulted in violations of probation and sentences being restored. They were:

• Joshua Yates, 25, of St. Inigoes – Original sentence of five years suspended to one year for Second-Degree Assault. The remaining four years was imposed and he was given credit for 123 days of incarceration.
• Keith Breitmaier, 34, of Mechanicsville – Original sentence of 18 months for Second-Degree Assault was suspended to six months. Unserved one year was reinstated and he was given credit for time served.
• Thomas Hamilton, 27, with Charlotte Hall and Mechanicsville addresses in court documents – Original sentence of 18 months for drug possession was suspended to 4 months and 27 days. Unserved one year, one month and three days reinstated, with credit for 41 days served.
• Christina Maier, 25, with addresses of Great Mills and Leonardtown listed in court documents – Original sentence of 18 months suspended to just 10 days for Theft of $1,000 to $10,000. Suspended one year, five months and 10 days reinstated with credit for time served.
• Jonathan Lyon, 29, of Mechanicsville and Hughesville – Original sentence of 18 months for theft of $1,000 to $10,000 suspended to four days. Unserved term of one year, five months and 28 days was reinstated. Credit was given for 159 days of incarceration.
• Christopher Quade, Jr., 26, of Clements – Original sentence of two years for obtaining prescription drugs by fraud was suspended to two months and 15 days. Suspended portion of one year, nine months and 15 days was reinstated.

Judge Stamm’s next VOP day in Monday January 12 and some of the cases postponed on December 8th will be heard at that time.