What Constitutes a Probation Violation?
Every criminal case that ends with probation in South Carolina is unique to the specifics involved. There are, however, basic requirements that generally apply. Because a probation violation can ultimately lead to serving the sentence you would have faced if you hadn’t received probation, understanding what’s expected of you is key. An experienced Greenville criminal defense attorney at Ryan Beasley Law can help.
Basic Probationary Conditions
The conditions that apply to your probation will be based on your case, but the basic requirements include the following:
- Reporting to the Department of Probation on the day of your sentencing or release, and providing your probation officer with a truthful and complete report
- Remaining at the same residence unless you obtain your officer’s consent
- Allowing your officer to visit you at your residence, job, or anywhere else, at any time
- Refraining from drinking to excess or using controlled substances other than when they are legally prescribed
- Submitting to testing regarding controlled substances or alcohol when instructed to do so
- Refraining from purchasing or possessing dangerous weapons and not associating with other criminals or with anyone else your officer instructs you to avoid
- Diligently apply yourself to a legal occupation and inform your officer if you lose your job.
- Remaining on the right side of the law
- Paying the fees required of you
- Not leaving the state without your officer’s permission
Probationary requirements can become far more exacting from here.
Violations of Probationary Conditions
Violations of the conditions imposed upon you by probation break down into two distinct categories.
Technical Violations
Missing an occasional meeting with your probation officer or failing to pay your fees on time are violations. These technical violations, however, are generally considered less serious than many others. Failing to observe your probationary conditions to the letter can, nevertheless, result in penalties, and they will be more significant if your violations are considered purposeful or willful.
Substantive Violations
More substantial violations are classified as substantive. These include committing a crime while on probation, engaging in more serious term violations, and willfully evading probationary supervision.
The Consequences of Violating the Terms of Probation
If you are accused of a probationary violation, your probation officer can serve you with a warrant, which can lead to a hearing. At your hearing, the judge has the legal discretion to impose any of the following:
- Extending the length of your probation
- Implementing stricter conditions of probation, such as increasing the level of supervision or putting you under house arrest
- Revoking your probation, which can mean serving the original sentence for which the probation was suspended.
It’s Time to Consult with an Experienced Greenville Criminal Defense Lawyer
Our capable Greenville criminal defense attorneys at Ryan Beasley Law have reserves of impressive experience helping our clients obtain beneficial probationary conditions that bolster success rates. Learn more about what we can do to help you by contacting us online or giving our firm a call at 864-756-4204 today.