pickens county Parole and Probation lawyer
Convicted criminals in Pickens County, South Carolina may be allowed to shorten their jail time or avoid imprisonment either through parole or probation. However, if they violate any terms and conditions of the parole or probation agreement, then this option could be terminated. If you are out on parole or probation and if you believe you may have violated any conditions of your agreement, you should consult a South Carolina parole and probation lawyer immediately.
Definitions of Parole and Probation
Parole is defined as the conditional release of a convicted prisoner before they finish their sentence. Any convicted criminal who is released on parole continues to be supervised by a parole officer. This is necessary because the parole is approved on the basis of certain conditions that the prisoner must comply with in order for this release to continue. In case a paroled prisoner violated the conditions of their release, they could be arrested.
Some of the most basic conditions of a parole agreement include finding a job, sustaining that job, avoiding drugs and alcohol, avoiding any contact or interaction with their victims, not engaging in any criminal activity and reporting regularly to the parole officer. However, all parole violations are not treated in the same manner. For example, if a paroled prisoner disobeys a traffic signal, he may be issued a warning, but if the prisoner assaults someone while on parole, he would be arrested and returned to prison. Keep in mind that parole is not a right. It is completely up to the parole board who they determine worthy of parole and on what conditions.
Probation is when a convicted criminal is released from confinement but continues to be under court supervision. A prisoner may be given probation in lieu of prison time, or the sentence may be suspended if they demonstrate good behavior consistently. However, a convicted person is only released on probation on the basis of certain conditions that must be followed for the probation terms to stay the same. The individual in question will continue to be monitored by the probation officer and will be critically examined and evaluated during this time. Probation should not be considered freedom, but instead, it is more of a trail for the individual to prove that they can be good citizens. In case of any probation violation, the court could either place more restrictions or terminate the probation altogether.
Differences Between Parole and Probation
While it is true that both parole and probation allow convicted criminals to be released under supervision, the two systems are distinct from each other. First of all, probation is typically ordered by a judge while parole is granted by a parole board. Also, probation can be considered an alternative to prison, but parole is not an alternative, but an early release. If an offender on probation violates their probation conditions, they can be resentenced but if an offender violates their parole condition, they may be sent back to jail, but the terms of their original sentence will remain the same. Therefore, a probation violation can result in a new sentence, but a parole violation may require the parolee to go back to jail to complete their sentence. Finally, probation is usually for criminals convicted of less serious offenses as compared to parole which is mainly given to criminals convicted of serious crimes.
Parole Review Process in Pickens County, SC
South Carolina has a very rigorous process when it comes to reviewing parole for convicted criminals. Everyone may not be eligible for parole. An inmate who is serving a life sentence would only be eligible after serving at least ten years or one-third of their life expectancy. Similarly, an inmate in prison for a Class B felony conviction can only be released on parole if three parole board members approve it. If the inmate has already served one-third of their sentence, then the parole may go through with the approval of only two parole board members. If you want to know whether you could be eligible for parole, you should speak to parole and probation lawyer to find out your chances.
You should know that for inmates who are eligible for parole, the South Carolina Board of Pardons & Paroles is required to notify the victim or the victim’s family that this particular inmate is up for parole and that a hearing has been scheduled to determine that. Many times the victims contact the board to convey their support or opposition for this.This is not something that one should take lightly as a victim’s testimony can significantly affect the board’s decision regarding the inmate’s chances of getting parole or probation. In some cases, the victim or their family member may even appear in person at the inmate’s parole hearing to speak directly to the parole board. This in itself is a serious indicator of how serious they are about the possibility of you being out on probation. Having a parole and probation lawyer present at this hearing may be a good idea since inmates cannot attend their parole hearings. Their family members and lawyers can.
Reporting Parole Violations in Pickens County, SC
It is important for inmates who are out on parole to know that they are not free until they comply with all the conditions during this trial period. It is especially risky to violate a parole condition because someone could report the violation. This is a definite possibility if the inmate becomes involved in any criminal activity. Someone may report them to the police or the parole officer. While some people may hesitate to report a parole violation, the fact is that if a prisoner out on parole goes engages in criminal activity, the risk of being reported becomes even higher. If reported, the parolee may be arrested, their parole revoked and new criminal charges filed against them. It is always a good idea to speak to a parole and probation attorney about these matters so that you are aware of the negative consequences that are associated with such violations.
Probation Law in Pickens County, SC
As per the 2006 South Carolina Code, the period of probation is determined by the court. The court also decides whether this period should be continued, extended or terminated. By law, the maximum probation period for a defendant found guilty of a misdemeanor is two years and for somebody found guilty of a felony is five years. Once the conditions of the probation are fulfilled by the defendant, the court will discharge the defendant.
However, if a probation violation occurs, the court can issue a warrant for the defendant’s arrest. It is important to note that when a request for the arrest of a defendant is made by a probation officer, any probation officer, police officer or any other officer with the power of arrest can arrest the defendant. They do not require a warrant to do so. However, the arresting officer will need a written statement by the probation officer that the defendant had indeed violated the terms of the probation. This statement is deemed to be sufficient cause of arrest and detention. The defendant will then be brought before the court where the probation officer will submit in writing how the probation conditions were violated.
After the hearing, the court may continue the probation or suspend the execution of the sentence. The court may also issue a formal or informal warning to the probationer informing them that any future violations could result in the revocation of their probation or suspension of execution of sentence. In some cases, the courts may conduct a formal or informal conference with the defendant to emphasize the importance of complying with the probation conditions. They may also modify the conditions with the possible addition of short periods of confinement. Finally, the court can also decide to revoke the probation or suspension of execution of sentence altogether.
Examples of Parole and Probation Violations in Pickens County, SC
There are two main types of probation violations. Technical violations refer to those that break the rules set out by the court. These could include failing to report to the probation officer as and when scheduled, contacting people you were warned not to associate with, failing to pay fines or failing a urine test,. Other violations include failing to complete a rehabilitation program, failing to complete a drug test, failing to complete community service, violating a protection order, removing a security monitoring device (if applicable), getting arrested and any other violation of conditions specifically stated in your parole or probation agreement.
A technical violation is dealt with by your probation officer. The probation officer may choose to simply give you a warning if it a minor violation or if it is your first violation. However, if you repeat the same behavior or if your subsequent violation is even more serious, you can be reported to the court, and the court may schedule a hearing to discuss the terms and/or eligibility of your probation. The court may decide to put you back in jail for a short period of time as a form of punishment for the violation; the court may extend the length of your probation; the court may ask you to pay a fine, or the court may revoke the probation altogether.
It is generally not a good idea to violate your parole or probation conditions. Any such violation can simply make your situation worse and could result in new criminal charges as well depending on the type and extent of the violation. If you are facing a probation violation charge, you should contact a parole and probation lawyer to determine how to handle the situation.
Legal Counsel from a Parole and Probation Lawyer in Pickens County, SC
Convicted criminals who have been granted parole or probation should understand that this is something that they were lucky to get. Every inmate is not entitled or eligible for parole or probation. If you have been lucky enough to be released on parole or on probation, you should think twice before violating any conditions.
However, if you have violated the terms, you must ensure that your South Carolina parole and probation lawyer is able to prepare a strong defense for your probation violation hearing. The outcome of your probation or parole violation hearing is greatly dependent on the number of times you violated the conditions of your parole or probation, the type of violation if there was any new criminal activity involved if the violation was of a very serious nature, etc. It is generally advised that you should refrain from violating the terms set out by the court, but if you do end up making such a mistake, you must seek legal counsel and consult a parole and probation lawyer.
Our lawyers at Brumback & Langley has been serving the Clemson, Easley, and Pickens County regions for several years. Our team understands that people can make mistakes and that everybody deserves a second chance or a chance to be heard. While any parole and probation lawyer in South Carolina will tell you that violating the conditions of your parole or probation may be the worst possible idea, the fact is that sometimes people get into unavoidable situations which are not their fault. This could include being arrested for a crime you did not commit, getting involved with certain people who are on the bad side of the law and other similar situations.
Your intention may not have been to violate the terms of your parole or probation, but you just got involved in something that led you in that direction. Whatever the cause of your parole or probation violation may be, you must call 864 414 9097 and speak to parole and probation attorney as soon as possible. Our legal team understands the system and we also understand the review process. Call our parole and probation lawyer today to ensure you do not lose out on this opportunity to be free and move forward with your life as a contributing member of society.
