South Carolina Probations Violations
South Carolina Probation Revocation Hearings
When an individual is placed on Probation, it is because some portion of their original sentence has been suspended upon successful completion of the Probation. When someone is charged with violating the terms of their Probation they are at risk of having the entire suspended portion of their original sentence reinstated, which frequently results in a commitment to the South Carolina Department of Corrections. These hearings are typically quick, and left unchallenged provide a summary proceeding for the State to directly imprison the defendant with seemingly little opportunity to explain themselves. Hiring an experienced probation lawyer may make all the difference between certain prison time, and a second chance.
A Defendant charged with violating the terms or conditions of his Probation does not have the same and ordinary rights afforded to most other Criminal Defendants. They have already been convicted or plead guilty to their underlying crime, and the purpose of a Probation Revocation Hearing is for a Court to determine if they have violated any of the terms and conditions of their Probation and how much, if any, of their suspended sentence should be reinstated. Defendants should know that every Probation violation is serious, but almost none are hopeless!
Some examples of typical Probation Violations include:
- Failure to check in with the Probation Officer as Ordered;
- Failure to pay Probation fees or Restitution as Ordered;
- Testing positive for Drugs or Alcohol;
- Being Arrested or Convicted for a new offense;
- Making contact with the victim of their prior case;
For example, if a Defendant was sentenced to fifteen years as part of a plea, but the sentence was suspended upon completion of three years Probation, a Defendant could actually be sent to the Department of Corrections for up to fifteen years by violating their Probation by being rearrested for a minor offense, or failing a single drug test.
Probation Revocation hearings are held in the Court of General Sessions. The State is typically represented by a Probation Officer although sometimes the South Carolina Department of Probation, Parole and Pardon services will send an actual attorney for a contested hearing. Probation Revocation Hearings may either proceed in a summary type proceeding, typical to the Court's taking of a Guilty Plea, or they may have a fully comprehensive evidentiary hearing. A judge decides whether or not the Defendant violated the terms and conditions of his Probation, and the Defendant is not entitled to a jury trial or ordinary pre-trial discovery.
James Snell is able to represent those charged with a Probation Violation at their Probation Revocation Hearing by obtaining copies of the Violation Warrant and all other available documents and speaking with the Defendant's Probation Officer. After a review of the Violation Warrant, and an interview with the Probation Officer, it may be possible to determine if the Court will simply maintain the Defendant on Probation, order an intermediate sanction such as community service or a fine, or if the Defendant is likely to risk an actual Revocation of their Suspended Sentence and be remitted to the South Carolina Department of Corrections to serve out the Revoked sentence.
It is important for all Defendants accused of violating their Probation to retain the services of an Attorney who is knowledgeable with Probation Revocation law and procedures to assist them. In addition to actual attendance at the hearing, it is important to ensure that the hearing is conducted property to preserve the Defendant's right to an appeal if necessary, and to also assist in securing any character witnesses or affidavits that the Court should consider.
If you or a loved one is charged with a Probation Violation, then you should obtain the services of a Probation Violation Attorney immediately. Please contact James Snell for your free case evaluation.
