Receiving probation instead of a prison sentence is a dream for many. You get to avoid being incarcerated, and you can live your life in your community and live a relatively normal life.
However, the terms of probation are typically strict, and any violation of the court-stipulated terms and conditions will result in severe consequences, such as a prison sentence. Unfortunately, probation violation charges are common, as even the slightest infringement of the terms is punishable.
At Johnson, Johnson, Whittle, Lancer and Staggs law firm, our Aiken probation violation lawyers offer specialized probation violation charges defense services optimized to help overcome the charges.
We draw from our over 40 years of experience to develop bespoke strategies for our clients that have helped many clients avoid jail terms, elongated probation, and other potential consequences of a probation violation charge.
Contact our criminal defense attorneys today for a free initial consultation at (803) 649-5338!
Understanding Probation Violation Charges
Probation, sometimes called community supervision, is an out-of-jail sentence a probationer serves as an alternative to incarceration under the supervision of the probation officer. While it’s not a right for anyone to receive a probation sentence, it is typically offered to individuals convicted of non-violent crimes.
During probation, the probationer must follow a set of strict terms and conditions stipulated by the court. Aside from serving as a punishment, the non-negotiable conditions of probation are meant to reform the probationer.
As such, it’s important to note that while a you or a loved one as a probationer is not in jail, they are still subject to many of the restrictions typical when one is jailed.
Probation violation occur when a probationer does not adhere to the terms and conditions of their probation. State laws determine if an action violates their probation terms.
What Are Common Reasons for Probation Violation?
Whether you’re sentenced to a supervised or unsupervised probation, you ought to live within the confines of the terms and conditions of your probation. Failing to do so exposes to a violation of probation charge.
Some of the ways a probationer can violate their probation include:
- Missing Court Sessions – Some probationers may be required to attend court sessions for the judge to review progress. Missing court dates is the most severe violation a probationer may undertake. It’s also the number one reason probationers lose their probation.
- Missed Appointments with your Probation Officer – Probationers on supervised probation are required to meet with their probation officers on a scheduled basis. Failing to check in with your probation officer is considered a probation violation, and your probation officer may charge you with a violation.
- Positive Drug Tests – Failing a scheduled or random drug test, especially when it happens repeatedly, can lead to a probation violation hearing. Additionally, failing to submit to a drug test is also considered a violation of probation.
- New Criminal Charges – Probationers in Aiken are required to refrain from committing any crime while under probation. Committing any crime, no matter how minor (think of minor traffic violations), is considered a probation violation.
- Failing to Pay Restitution or Fines – You may be required to pay fines or restitution to victims of your crime. Missing scheduled payments is considered to be a violation of your probation.
- Not Completing Community Service – In most cases, probation sentences entail an element of community service, where you’re required to complete some community service hours within a given period determined by the court. Failure to render community service is a violation of your probation.
- Visiting Certain Places or Being Seen with Certain Individuals – A judge may mandate the probationer to refrain from visiting areas known for criminal activities or associated with known criminals such as gang members. Contravening this requirement is considered a probation violation.
Other violations you should be aware of include reporting any contact with law enforcement officers and traveling out of state without permission.
What Are the Consequences of Probation Violation?
When a probation violation happens, the probation officer will serve the probationer with a warrant for a probation violation before the case goes to a hearing. In South Carolina, probation violation charges go through administrative handling or General Session, depending on the severity of the violation.
Violating your probation is a serious offense and can attract a wide range of penalties, including:
- Additional Probationary Terms – The court may impose additional terms and order you to comply with the new conditions as punishment for breaking probation. Such conditions might include increased supervision.
- Extended Probation – Another consequence of violating your probation is extending the extension period. In most cases, the court typically extends your probation for up to five years.
- Order Community Confinement – The court has the leeway to sentence you to community confinement in facilities, including halfway houses and rehabilitation facilities.
- Jail – The court may find you in contempt of court orders. Consequently, it may order you to serve a jail sentence of up to 30 days. Sometimes, the judge may order you to serve weekend jail terms.
- Imprisonment – One of the most severe penalties you might get from a probation violation charge is imprisonment. A judge might decide to revoke your probation and order you to serve a prison or jail sentence.
How Can an Aiken Probation Violation Lawyer Help in My Case?
Being aware of the consequences of a probation violation charge, you need a competent lawyer like the attorneys at JJWLS to help you fight the charge. Our defense lawyer will help you fight the allegations by developing legal strategies specific to your probation violation case if the case is set for a hearing in General Sessions and there is a cause for denying the charge.
A good Aiken probation violation lawyer should also be adept at negotiating with probation officers if the violation is handled administratively.
What Are Common Defenses Against Probation Violation Charges?
While the consequences of a probation charge are severe, you don’t have to face them alone. Our Aiken probation violation lawyers at JJWLS are always available to help you fight the charge at the probation hearing.
Whether it involves addressing a misunderstanding with the probation officers and proving your compliance or presenting mitigating circumstances at a probation hearing, we will go the extra mile to attain a positive outcome in your case. We will even advocate for alternative consequences if you face harsh penalties.
What Are the Possible Outcomes and Resolutions For a Probation Violation Charge?
The severity of the violation and the subsequent charge determines the outcomes of a probation violation hearing. The terms of your probation might be modified, incorporating greater supervision or new conditions you must abide by. In some cases, the probation might be extended or revoked, and a jail term imposed (especially in cases of substantive violations).
However, the quality of legal defense your attorney displays in the probation violation hearing will also influence the outcome. Our experienced Aiken probation violation lawyer will work to help you avoid additional penalties or reduce the penalties by presenting mitigating circumstances or clearing up any misunderstanding.
Is it Possible to Have Probation Violation Charges Resolved Favorably?
With a good, experienced Aiken probation violation lawyer who understands the intricacies of defending probationers in South Carolina, it is possible to get a favorable outcome. An effective and proactive legal representative can get the issues resolved even before they get to a hearing.
If the violation probation charge heads to court, an experienced lawyer should help you negotiate a favorable outcome if you choose to admit to the charge.
Our lawyers ensure you get the best chance for a positive outcome by being proactive. Whether you need us to negotiate with the probation officers out of court or you want to collect evidence of your innocence, we move above and beyond to help you get a positive outcome.
Our Approach to Probation Violation Defense
Thorough Case Analysis
Whenever a probationer entrusts us with their freedom, we consider it a huge privilege. Consequently, we work tirelessly to get a positive outcome of the defense process. Part of our approach is being thorough in everything we do.
Our Aiken probation violation lawyers gather evidence and analyze the probation records to develop a potential defense that works for your or a loved one’s case. Additionally, go over the charges with a keen eye on details to identify any potential weaknesses of a probation violation case brought against.
Dedicated Defense Strategies
Our Aiken probation violation lawyers are also passionate about giving our clients the best defense possible. This means treating every case individually and developing a bespoke defense strategy that addresses your unique circumstances. We do not use cookie-cutter strategies to defend our clients. Instead, we tailor the defense strategy to meet our client’s needs.
What Should I Do If I Am Facing Probation Violation Charges in South Carolina?
Once you’re granted probation, you should make a concerted effort to understand the terms and conditions of your probation. Additionally, you should ensure you comply with the legal obligations required of your probation.
However, if you fall foul of the terms and conditions of your probation and are served with a warrant for violation of probation, your immediate course of action should be to secure competent and experienced legal representation. Defense lawyers at JJWLS are always ready to help you fight any probation violation charge you may face.
Why Choose JJWLS for Your Probation Violation Defense?
Specialized Probation Violation Defense
JJWLS has been serving Aiken and its surrounding communities since 1980. Our Aiken probation violation lawyers are not only experienced, but we also understand how probation violation cases are handled in South Carolina.
Our specialized probation violation defense services are uniquely designed to help probationers get the best outcome, whether the charge is dealt with administratively or proceeds to a court hearing.
Experienced Aiken Probation Violation Lawyers
We’ve helped countless probationers handle probation violation cases through negotiations, clearing up any misunderstanding, and even proving mitigating circumstances for the violation. We are experienced in handling cases where clients deny charges, and we defend them in court.
Our Aiken probation violation lawyers are also experienced in negotiating with probation officers and courts in cases where our clients accept the charges and need an effective negotiator.
Client-Centered Approach
We render our probation violation services with a personal touch. Our lawyers will be with you every step of the process, personalizing your defense and giving it the attention it deserves.
Importantly, we keep our communication channels open to ensure you understand every aspect of your case. Our Aiken probation violation lawyers and legal team collaborate with you to ensure you get the best outcome possible in the face of a probation violation charge.
JJWLS: Aiken Probation Violation Lawyers You Can Trust
Your probation officer has given you a warrant for probation violation. You face an extension of your probation, incorporation of stricter terms into your probation, or even worse, a possible revocation of your probation and jail term.
At JJWLS, we are eager to help and guide you as you defend yourself. You don’t have to endure a jail or prison sentence or even extended probation when our lawyers are here to help you minimize the potential penalties.
Contact our office at (803) 649-5338 for the best Aiken probation violation lawyer in your corner.
