When someone gets probation in South Carolina, it can feel like you’ve received a “get out of jail” ticket. Sadly, probation can be complicated, and a lot of people never make it to the end of their sentence without violating probation. A single violation can be enough to void your probation and place you in jail. At Lauren Taylor Law, we understand that you shouldn’t be punished twice. We fight to protect the rights of those who are working hard to serve their probation terms. If you’ve been charged with a minor or technical violation of your probation, don’t take chances with your freedom; call an experienced criminal defense lawyer today.
What is Probation?
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Probation is an alternative to jail, to put it simply. When you receive a probation sentence, it’s the court’s way of acknowledging that you committed a crime for which jail could be imposed, but offering you a way to serve that term outside of jail. Therefore, the court has a lot of power to impose various conditions on your probation. In other words, if you want to stay free and out of jail, you have to play by the rules. Sadly, sometimes the conditions make little sense or are harsh and unrealistic.
Typical Conditions That Get Violated in South Carolina
Typically, the court will impose a handful of conditions. These are some of the common conditions that are placed on people while on probation:
- Submit to alcohol drug screenings
- Stay away from victims
- Pay court costs and fines
- Show up to treatment and counseling appointments
- Show up to anger management classes
- Refrain from being around certain influences or individuals
- Respond to or check in with probation officers
A single violation, such as missing a counseling appointment or testing positive for alcohol can result in probation being revoked and having to serve your original full sentence in jail, which may mean more punishment than deserved.
What Happens When You Violate Probation?
Any violation of the law violates probation. If you broke a law, you will be charged with the new crime and your probation will be revoked. But if you violated one of your conditions (not otherwise a criminal act), you will face an administrative hearing. Sometimes the violation will be handled through the General Sessions Court.
How a Lawyer Might Be Able to Help
In many cases, an experienced criminal defense lawyer can argue for a reduction in the penalties or get the violation dismissed. You will have to admit the violation or deny it. There are often strategies for both approaches. Even if you admit violating the condition, your attorney might be able to introduce evidence that mitigates your charge. For instance, say you failed to pay your court fines on time. If you were involved in an accident or had a life event that made you unable to afford the fines, your attorney can argue for an extension of time to finish paying. Likewise, perhaps you failed to show for an appointment due to a death in the family or a conflicting appointment.
If you are being accused of violating your probation, you should immediately contact an attorney to learn more about your options. Do not ignore the problem, because it will not go away on its own. Call Lauren Taylor Law for a confidential consultation today.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.