Probation, Pardon and Parole – South Carolina Criminal Procedure
The Michael Jeffcoat Firm is firmly committed to helping preserve the rights of people who have already been convicted of crimes in South Carolina. We can advise you about issues of probation, pardon and parole by:
- Defending those who have allegedly violated the terms of their probation
- Helping individuals apply for a pardon
- Preparing prisoners for their parole hearing
If the probation agent believes that you have violated a condition of your probationary sentence, the agent may seek a warrant for your arrest. If you are arrested for a probation violation, a bond is set and a hearing is scheduled in the Court of General Sessions. At the hearing, the presiding judge determines whether to continue, to partially revoke, to revoke in full, or to terminate your probationary sentence. In other words, the judge will decide whether to send you to prison.
You are entitled to have an attorney defend you at the violation of probation hearing. You can either admit or deny the alleged violation(s) at the hearing. If you decide to fight the allegation(s), you may request a full hearing where you can cross-examine the witnesses against you, call witnesses in your defense, and present favorable evidence. If you admit the allegation(s), you can present mitigation evidence with the goal of persuading the judge to continue your probationary sentence or to reduce the revocation.
A pardon forgives all the legal consequences – direct and collateral – of a conviction.
Full disclosure: You do NOT have to hire an attorney to apply for a pardon; however, we are glad to help you with the application process. The pardon application has three components: (1) written letters of support; (2) information from the applicant; and (3) the payment of application fee. It generally takes seven to nine months before a hearing date is scheduled. The burden is on the applicant to show why a pardon should be granted. Please note that a pardon will not be granted until all restitution is paid in full.
An Order of Pardon shall be signed by at least two-thirds of the members of the Board. Upon a favorable consideration by the Board, the Director will issue a Pardon Certificate. A pardon certificate restores all civil rights lost due to the conviction.
The Department of Probation, Pardon and Parole services defines parole as a form of early release from prison based on the prisoner’s agreement to abide by certain conditions of supervision during the balance of the sentence.
Full disclosure: You do NOT have to hire an attorney for a parole hearing; however, if you do hire us, we are committed to helping you present clear and persuasive reasons for why your request for parole should be granted. If released on parole, you must comply with the terms and conditions set by the parole Board. While on parole, you have to show reasonable promise of being able to function in society as a responsible, self-reliant person.
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SOUTH CAROLINA STATUTES
The following is a list of applicable South Carolina statutes as found in the South Carolina Code of Laws. For more information on statutes relating to probation, parole, and pardon, please go to http://www.scstatehouse.gov/code/t24c021.php.
- 24-21-10.Department of Probation, Parole and Pardon Services; Board of Probation, Parole and Pardon Services; board members; term; appointment; filing vacancies
- 24-21-30.Meetings; parole and pardon panels
- 24-21-32.Reentry supervision; revocation.
- 24-21-50.Hearings, arguments, and appearances by counsel or individuals.
- 24-21-280.Duties and powers of probation agents; authority to enforce criminal laws.
- 24-21-300.Issuance of citation to person released pursuant to Offender Management Systems Act for violation of release terms.
- 24-21-410.Power to suspend sentence and impose probation; exceptions; search and seizure.
- 24-21-430.Conditions of probation.
- 24-21-450.Arrest for violation of terms of probation; bond.
- 24-21-460.Action of court in case of violation of terms of probation.
- 24-21-550.Probation terms involving fines, costs, assessments, or restitution.
- 24-21-610.Eligibility for parole.
- 24-21-620.Review by Board of prisoner’s case after prisoner has served one fourth of sentence.
- 24-21-630.Effect of time served while awaiting trial upon determination of time required to be served for eligibility for parole.
- 24-21-640.Circumstances warranting parole; search and seizure; criteria; reports of parolees; records subject to Freedom of Information Act.
- 24-21-650.Order of parole.
- 24-21-670.Term of parole.
- 24-21-680.Violation of parole.