Can Probation Be Revoked for Minor or Technical Violations?
Being told that you have committed a probation violation can be disheartening, especially when you have worked so hard to follow the conditions set forth by the court. In South Carolina, probation violations come in two forms, technical and substantive violations, with technical violations considered less serious, but still potentially causing your probation to be revoked. Understanding what is expected of you during probation is essential to protecting yourself, and our Spartanburg criminal defense attorneys are here to assist you.
Technical versus Substantive Violations in South Carolina
A probation violation occurs anytime you break a condition of your probation as set forth by the court. A violation can be one of two categories: technical or substantive. A technical violation is when someone violates a rule of their probation, not necessarily violating the law. Missing a meeting with a probation agent or failing to pay restitution or fees count as technical violations. Although considered minor, penalties may result. On the other hand, a substantive violation occurs when a more serious violation has occurred, such as interacting with people on an order’s no-contact list or committing a criminal offense.
Potential Consequences for a Technical Probation Violation
Although considered less serious, technical violations under SC Code §24-21-460 can result in revocation of a portion or the full probation sentence, in exchange for imposition of the underlying suspended sentence.
However, recent reform efforts have called for graduated sanctions based on the severity of the violation. These potential penalties include:
- Continuing probation without warning or added conditions
- Ordering a short period of confinement
- Extending the probation term
South Carolina judges are more inclined to impose less harsh penalties for a first technical violation, with subsequent offenses coming with more severe penalties. So, it is less likely that a first technical violation would result in revocation of your probation. As of date, there is no statutory distinction between technical and substantive probation violations.
Compliance and Proactive Communication are Key
When being placed on probation, you need to have a written copy of your probation conditions. If you do not understand a condition, ask your probation agent. Complying fully with the terms of your probation is key to avoiding a violation.
Proactive communication will go a long way, so you must contact your probation agent before a violation happens, not after. If it is a matter of being unable to afford fees or having a problem completing community service hours, your probation agent can work with you to reach a solution. Agents have discretion, allowing less serious implications to result from a violation if you keep the lines of communication open.
When to Speak with Our Criminal Defense Team
If your probation agent is unable to resolve your issue or if you have already committed a violation, you should speak with our Spartanburg criminal defense attorneys at Ryan Beasley Law. Early legal advice may prevent a violation from turning into a revocation, protecting your reputation and freedom.
You need to keep all records of communication with your agent, including receipts, program completion certificates, and pay stubs (showing that you have complied with employment conditions). This documentation will demonstrate to the court your adherence to your probation conditions, in light of the minor lapse that occurred.
Speak with Our Spartanburg Criminal Defense Attorneys Today
Explicit adherence to the conditions of your probation is essential to preserving your good name. Even a technical or minor violation can cause your probation to be extended or result in added conditions. At Ryan Beasley Law, our Spartanburg criminal defense lawyers are committed to helping you achieve the best possible outcome. If you have questions about your probation sentence or believe you are in danger of a violation, do not hesitate to contact our legal team. Our office can be reached online or by calling (864) 756-4204.