Types of Probation Violations and Penalties in South Carolina: A Guide to What Happens Next
Broke your probation? Here’s what happens and how to handle it.
If you are on probation for a crime in South Carolina, following the rules of your probation is extremely important. If you break those rules, a judge may revoke your probation and send you to serve the rest of your sentence behind bars.
What is Probation?
Probation is ordered by a judge as an alternative to incarceration and allows the convicted person to remain in the community (ppp.sc.gov). Offenders placed on probation by the courts must follow all conditions set forth by the court (GreenvilleCounty.org). Such conditions may include remaining drug free, undergoing periodic drug testing, not leaving the state without permission, meeting regularly with a probation officer, and obeying all laws.
Types of Violations
In South Carolina, there are two types of probation violations: Technical Violations and New Offenses.
Technical Violations
When a person breaks a condition of his or her probation, they have committed a technical violation. Examples of this can include:
failing a drug test
missing an appointment with the probation officer
leaving the state without permission, or
failing to pay restitution or court fines.
New Offenses
When an individual gets arrested for a brand new offense while on probation, this presents two separate legal problems at once, as the individual now faces penalties for the new charge, as well as increased penalties for violation probation on the older crime. Even if you’re not convicted yet, just being arrested can be considered a violation of your probation terms, which usually require you to obey all laws, and not be arrested or charged with another offense.
Penalties
If probation is violated, your probation officer might:
File a violation report,
Request a probation revocation hearing, and/or
Recommend your probation be revoked or modified.
At the revocation hearing, the judge could:
Revoke your probation and make you serve the rest of your original sentence in jail or prison,
Add stricter conditions to your probation.
Unlike criminal trials, where the prosecution must prove guilt beyond a reasonable doubt, probation violations only require proof by a preponderance of the evidence.
And here’s the kicker: If you're convicted of the new crime and your probation is revoked:
You could end up doing time for both the original charge and the new one—either back-to-back or at the same time, depending on what the judge decides.
What Should I Do?
Probation is basically the court giving you a second chance - letting you stay out of jail or prison under certain conditions. Sticking to your probation terms can show you’re taking responsibility for your actions and you’re able to follow through on commitments. That looks good to future employers, schools, and judges.
The better you do on probation, the more likely your probation officer or judge might recommend early termination of probation, loosen restrictions over time, or support you in other legal matters.
But what happens If you’ve messed up and violated your probation? It doesn’t have to be the end of the world, but how you respond right away can make a huge difference in what happens next. Be honest with your probation officer, and don’t ghost them. This makes things worse fast.
Talk to a Lawyer
You need legal help ASAP. A lawyer can be hugely helpful if you’ve violated your probation, sometimes the difference between staying free or being locked up. Here’s how Blouin Law has your back:
We protect your rights.
When you’re facing a probation violation, you still have legal rights—but you might not know how to use them. Blouin Law will:
Make sure you aren’t admitting guilt without understanding the consequences,
Stop you from being pushed into unfair deals,
Ensure due process during any court hearings.
We represent you at the revocation hearing.
We’ll present evidence in your defense and argue your side of the story.
We negotiate for you.
We negotiate with prosecutors and judges for less severe penalties and fair deals. Hunter Blouin is an experienced attorney and has seen lots of cases just like yours. He works to build a strategy based on your exact situation.
Bottom Line…..
A lawyer isn’t just a mouthpiece - they’re your advocate, strategist, and shield when things get tough. Even if you think your violation is minor, don’t face the system alone. Reach out to Hunter today at 864-616-2595.
