Are There Any Defenses to a Supervised Release Violation?
Supervised release in South Carolina is the term used for parole, which is a form of early release that is generally considered highly beneficial. With supervised release, however, come strict requirements, and any violation of these requirements can land you back behind bars. If you’re facing a charge that relates to a supervised release violation, an experienced Greenville criminal defense attorney can help.
The Standard Conditions of Probation
If you receive supervised release, the conditions you’ll need to conform to will be specific to your case, but the basic conditions that are often implemented include all the following:
- Reporting in person to the Department of Probation, Parole and Pardon Services on the day of your release and as instructed thereafter
- Changing neither your job nor your address without your parole agent’s consent and informing your agent if you lose your job
- Allowing visitation by your parole agent at your home, place of work, or anywhere else – at any time
- Refraining from using illegal drugs and from drinking to excess, which includes staying away from bars
- Submitting to urine and blood tests as instructed by your agent
- Refraining from possessing or purchasing firearms and other dangerous weapons
- Working diligently at a lawful job
- Staying on the right side of the law generally
- Paying the fees required of you
- Refraining from leaving the state without your agent’s permission
If You’re Found in Violation of Your Early Release Terms
If you’re charged with being in violation of your early release conditions, there are two basic paths forward, including:
- Administrative Handling – For less serious violations, the issue can be handled administratively by your parole agent, which can end with requirements that relate to tighter supervision and additional conditions.
- Court Hearing – If the matter goes beyond administrative handling, you’ll likely face a hearing, and you have the right to legal representation, which is always recommended.
Building a Strong Defense
The fact is that there are valid defenses in the face of an alleged supervised release violation, and the surest path forward is with a well-informed criminal defense attorney in your corner. Your attorney will spare no effort in building your strongest defense, which includes the following:
- Gathering and strategically compiling all the available evidence, which includes the evidence that speaks to your innocence
- Considering what’s known as evidence in mitigation, which is evidence that may provide a compelling reason why you were in violation
- Fiercely advocating for a favorable resolution that keeps you out of prison
The judge who presides over your hearing will determine the appropriate course of action in your unique case, and their potential actions include:
- Dismissing your violation altogether
- Sending you back to prison for a specific amount of time – to be followed by your continued supervised release
- Completely revoking your supervised release, which translates to you serving out the remainder of your sentence in prison
Working closely with a determined criminal defense attorney can make a serious difference in the outcome of your hearing.
An Experienced Greenville Criminal Defense Attorney Is Standing By to Help
The focused Greenville criminal defense attorneys at Ryan Beasley Law have an impressive track record for effecting beneficial outcomes in the face of supervised release violation allegations, and we’re on your side. Learn more by contacting us online or calling us at 864-679-7777 today.