Being charged with a new crime is scary but it’s even worse if you’re already on parole. Being granted parole is a privilege that comes with specific terms and conditions. In South Carolina, a new charge while on parole can mean serious consequences including having your parole revoked and going back to prison. The legal process is complex and varies from state to state so it’s important to know how South Carolina handles these situations.
If you find yourself in this situation working with an experienced Clemson criminal defense attorney can make all the difference. A knowledgeable attorney will guide you through the legal maze, advocate for you, and work to get the best possible outcome for your case. In this blog, we will talk about what happens if you get a new charge while on parole in South Carolina, the consequences you may face, and why you need a skilled defense attorney on your side.
Immediate Consequences
When you get a new charge while on parole things can move fast. Here are some immediate consequences:
Arrest or Summons
Your parole officer can arrest you or issue a summons. This can happen without warning. A hearing officer will oversee the proceedings to determine if the new charge is a violation of parole conditions.
Detention
You’ll be detained until your hearing. The length of this detention is usually determined by state law. Depending on the severity of the new charge, this detention could lead to a jail sentence.
Statutory Limits
The law says how long you can be held before your hearing. This time frame can vary depending on the new charge and your parole conditions.
Right to a Hearing and Due Process
When you get new charges while on parole you have rights. If you are found guilty of the new charge, it can result in the revocation of your parole and a return to incarceration. One of those is the right to a parole violation hearing. This hearing is to determine if the new charge is a violation of your parole conditions.
Burden of Proof
The state must prove the violation by a “preponderance of the evidence”. This means they have to show it’s more likely than not you violated your parole.
Evidence
You have the right to the evidence against you. You can present your evidence too.
Cross Examination of Witnesses
You can also cross-examine witnesses. This is important to challenge the state’s claims.
Consequences of Parole Violation
When you get a new charge while on parole the consequences are serious. Knowing these consequences is important if you’re in this situation.
Partial Revocation
In some cases, the parole board may impose a partial revocation. This means you’ll go to jail before you can get back on parole. The length of time in jail can vary depending on the violation and your history.
Repeated violations can lead to probation revocation and more severe consequences, so it is crucial to consult a probation violation attorney to avoid returning to jail.
Full Revocation and Parole Revocation Hearing
Full revocation happens if the violation is serious. You’ll go back to prison to serve the rest of your original sentence. This usually depends on the new charge and your behavior on parole. Full revocation typically results in serving the remaining prison sentence.
Increased Supervision and Conditions
In addition to revocation, a new charge may mean increased supervision. This could be an extended parole period or additional fines. The parole conditions may also change and you’ll have to comply with stricter rules. Violating these new conditions can mean more penalties. Violating parole can lead to severe consequences, including the possibility of being sent back to prison to serve the remaining sentence.
Probation
When you get a new charge while on parole it can also be considered a probation violation. This can make things much more complicated for you.
Probation violations can lead to severe legal ramifications, including the possibility of returning to jail. It is crucial to adhere to the stringent terms set by the court and consult with legal professionals to navigate these complex situations.
Probation Officer
Your probation officer may file a petition to revoke your probation. This is a formal request to the court to take action because of the alleged violation. Keep in mind the officer’s recommendation can impact the judge’s decision. If the new charge is serious, the probation officer may recommend to revoke probation.
Judge
The judge will consider several things when deciding on the petition. These may include the new charge, your history and compliance with previous probation conditions. The judge will weigh these to decide what to do. Additionally, the judge will consider the severity of violating probation when making a decision.
Consequences of Probation Violation
If the judge finds you violated probation several things can happen. You could get your probation revoked and go to jail or more restrictions on your release. Or the judge may add more conditions to your probation such as extended supervision or mandatory counseling.
South Carolina Law
When you get a new charge while on parole in South Carolina you need to know the state has specific rules and penalties for parole violations. These rules can mean big consequences if you get a new charge while on parole in South Carolina.
South Carolina Process
In South Carolina the process for a new charge while on parole involves an investigation by the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS). Parole officers in South Carolina have specific procedures they must follow including preliminary hearings to determine if there is probable cause to believe a parole violation occurred. The SCDPPPS will also investigate if you violate probation.
South Carolina is Different
For example in South Carolina, if a parole officer thinks you violated your parole they can issue a warrant for your arrest. A preliminary hearing is then usually held within 10 days of your arrest to decide if there is enough evidence to proceed with a full parole revocation hearing. This way you get to present your case early in the process.
Local Knowledge
Since South Carolina has specific rules you need to work with a lawyer who is familiar with the state’s parole system. An attorney who knows South Carolina law can help you understand the rules that apply to your situation. They can tell you how the local rules impact your case, advise you on the best defense, and represent you.
Meet With an Experienced Clemson Criminal Defense Lawyer ASAP!
If you or a loved one is facing a new charge while on parole in South Carolina, it’s essential to have the right legal support on your side. The consequences can be severe, but you don’t have to navigate this challenging situation alone. At Boatwright Legal, our team is here to help. We understand the complexities of South Carolina’s parole system and will work tirelessly to protect your rights and secure the best possible outcome for your case.
Contact us at 864-745-9758 for a free claim consultation today!
