What Happens if You Violate Probation in South Carolina?

Probation is a common sentencing alternative that allows offenders to serve their time under community supervision. However, probation comes with a long list of obligations, and any probation violation could result in a quick trip to jail. Contact William G. Yarborough to discuss probation violation consequences with an experienced Greenville criminal defense attorney.

An Overview of Probation in South Carolina

A judge can order probation instead of sentencing a defendant to time behind bars, or tack probation on at the end of time spent in jail. Probation comes with a list of conditions that are tailored to the individual.

Some common probation conditions include:

• Regular meetings with a probation officer.
• No drugs or alcohol, along with regular monitoring or testing.
• Working a job or going to school
• Completion of community service
• Paying fines or restitution.
• Not leaving the county without permission.

A defendant should receive their list of conditions when sentenced and should read it carefully. Any probation violation could result in severe consequences.

What Qualifies as a Probation Violation?

There are various types of probation violations, but let’s look at the two main ones.

Failure to Comply with the Terms of Probation

A defendant can violate probation by not complying with one or more terms. For example, a defendant might miss a regularly scheduled appointment with their probation officer, or they might skip a required drug test. Some people call these “technical” violations, but there isn’t anything technical about them. As a condition of receiving probation, a defendant must comply with all terms.

New Criminal Charges

Another violation occurs if the defendant commits a new crime. For example, someone on probation for assault could get picked up for DUI or drug possession. Now, a defendant has both a probation violation as well as a new substantive criminal offense. They will face consequences for the probation violation. They can also be convicted of the new crime.

What Happens if You Get a Probation Violation?

Any violation is serious. Defendants should immediately reach out to an experienced lawyer for help with their case.

Here is what will probably happen after a probation violation.

• Arrest. You can be arrested and held for a hearing.
• Administrative handling. The probation officer might handle the violation if it is truly minor. Some common results include additional requirements or more supervision.
• Revocation hearing. Individuals can also be summoned into court for a revocation hearing. Don’t skip this hearing because the judge can issue a bench warrant for your arrest. The focus at the hearing is the probation violation and whether it occurred. The probation officer will present evidence, and a defendant may present evidence as well.

The standard of proof in a probation hearing is the “preponderance of the evidence” standard, which is lower than proof beyond a reasonable doubt. The court only needs to find that a defendant probably committed the probation violation.

Probation Violation Consequences: What Are Possible Hearing Outcomes?

Many probationers are terrified of losing their probation, and for good reason. A judge is empowered to revoke probation if the court finds you committed a violation. Revocation is not inevitable, however, and a judge has a measure of discretion.

Some outcomes include:

• Continuing probation. Perhaps the judge will make no change but continue the status quo.
• Extending probation. Another option is to lengthen the probation.
• Additional conditions. A judge can allow a defendant to continue probation but with additional conditions. For example, a defendant might need to undergo more frequent drug testing or counseling.
• Probation revocation. This is always an option. A judge can revoke probation and incarcerate the defendant for the rest of their sentence.

A judge will base their decision on multiple factors, including the nature of the violation and a defendant’s history of compliance to that point.

How a Probation Violation Attorney Can Help

No defendant should try to handle their revocation hearing. You probably do not know what arguments a judge will find compelling, and the stakes are high. A defendant who wants to stay out of jail should do everything possible to make a strong case for why they should continue with probation.

Judges consider many factors when making a decision:

• The seriousness of the violation. A new criminal charge is more serious than a minor violation for failing to meet with a probation officer.
• Any reasons offered to explain the violation? A defendant might have failed to satisfy some condition because of events outside their control.
• History of compliance or previous violations of probation. If this is your first violation, then you are in a stronger position than if you have prior violations.

Your attorney can explain away any technical violation or offer evidence in mitigation. For instance, you might have missed a mandatory drug test because you fell ill or were involved in a motor vehicle accident.

One misconception is that your probation officer gets to decide if you remain free. Your officer can make a recommendation, which is one reason to always maintain good relations. However, the officer’s recommendation is only one factor a judge considers

Addressing New Criminal Charges

If your violation consists of new criminal activity, then you need to immediately speak with a criminal defense lawyer.

Suppose you are on probation for assault. While out, you are caught with a small quantity of drugs. The new drug charge is both a probation violation and a separate criminal offense. Do not try to sweep the new criminal charge under the rug, because you could end up spending even more time behind bars.

Contact Attorney Yarborough Today for Assistance

Probation has allowed many men and women to continue working or attend school while serving out their sentence. They can see family and friends each day, while continuing to work toward repaying their debt to society outside of jail or prison. Unfortunately, any alleged probation violation threatens your future, and you must contact a lawyer for help with a revocation hearing and addressing any new criminal charge. Contact the law office of William G. Yarborough to schedule your consultation.