Please ensure Javascript is enabled for purposes of website accessibility


Criminal procedure — Revocation of probation — Arbitrary or capricious

The present case requires us to determine whether the Circuit Court for Baltimore County failed to afford Tavon Lamont Smith, Appellant, with a reasonable opportunity to prepare a defense to having violated his probation in a hearing in which he stipulated to the violation. We also are asked to determine whether the circuit court judge acted inappropriately when he revoked Smith’s probation.

Smith presents two questions for our review:

I. Did the trial court fail to give Appellant a reasonable opportunity to prepare a defense to the charges as required by Maryland Rule 4-247(e)(1)[sic]?[1]

II. Did the trial court abuse its discretion by: (i) erroneously construing the conditions of Appellant’s probation; (ii) making factual findings that are clearly erroneous; and (iii) acting arbitrarily or capriciously in revoking Appellant’s probation?

Read the opinion here: