Tag Archive for: Criminal Law

Know Your Rights: Possible Defenses for an Assault and Battery Charge

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Did you know that assault is one of the most common violent criminal offenses in the US? If you’ve been charged with assault and battery, you’re not alone. In 2017, over 800,000 aggravated assaults were reported to the police.

If you find yourself in the unfortunate situation of facing assault and battery charges, you’ll want to understand the possible defenses you might use and the potential penalties.

Read on to learn more about assault and battery in South Carolina.

Assault and Battery in South Carolina: Definitions and Degrees

In South Carolina, assault and battery are both prosecuted under the same laws (despite being considered two different criminal acts in the past). There are, however, different degrees of assault and battery. These include:

  • assault and battery of a high and aggravated nature (which is the most serious)
  • assault and battery in the first degree
  • assault and battery in the second degree
  • assault and battery in the third degree

Assault and battery of a high and aggravated nature and assault and battery in the first degree are both felonies. Assault and battery in the second and third degrees are misdemeanors.

The main difference between the different degrees of assault and battery is the amount of bodily harm caused to the victim.

For example, to be charged with assault and battery of a high and aggravated nature, the offender must have caused great bodily injury to another person or accomplish the act by means likely to cause great bodily injury.

Defending Yourself Against Assault and Battery Charges

If you have been charged with assault and battery in any degree, it is wise to consult with an experienced criminal defense attorney. They know the court process inside and out and can advise you on the best course of action.

You may want to plead not guilty and take the case to trial or you may want to accept a plea bargain and plead guilty in exchange for a lesser sentence. You may also want to plead guilty but defend your actions.

If you decide on the latter, your attorney can advise you on which defense may be the most effective for you. Here are some of the potential options:

Self-Defense

Justifying assault and battery with a self-defense argument is one of the most common criminal defenses. To successfully argue self-defense, you typically have to prove that there was a threat of harm against you, that you reasonably perceived yourself to be in danger, that you didn’t provoke the potential harm, and that there was no other option (such as retreating or escaping).

Some other things to remember about self-defense is that the amount of force used must be reasonable and in proportion to the threat of harm.

Also, even if all of the elements of self-defense are met, you may still be convicted if your strength and stature greatly exceed the victim’s (for example, due to their age or size).

Defense of Others

Like self-defense, if you are going to use defense of others as your assault and battery defense, you’ll need to show that the other person was in harm’s way, was fearful, and that there was nothing else that you could have done (such as helping the other person leave the situation).

Defense of Property

In South Carolina, if your property is threatened, you are permitted to use force (an in some situations, deadly force) to protect it.

As long as you can show that you are in a place where you have a right to be, that you are not engaged in unlawful activity, and that the use of force is necessary to prevent your own death, great bodily injury, or the commission of a violent crime, you can use force. This is known as the castle doctrine.

Consent

If a victim consents to the touching, then you could use that as a defense if you are charged with assault and battery. In a boxing match, for example, by participating in it, the victim has implied that they consent to any physical contact.

The same applies to other contact sports. By willingly participating in a sport, you are consenting to any contact that might arise during the course of the game or match.

Performance of Duty/Authority

Lastly, if you are using physical force in the course of your job, such as law enforcement, the performance of duty or authority could be a plausible defense. Correctional officers or others who are forced to restrain people for their safety and the safety of others can also use this defense.

Potential Penalties

If you are unsuccessful in your defense, you are facing penalties that range from time in prison to fines. The penalties depend on the degree of assault and battery that you are convicted of.

Assault and battery of a high and aggravated nature can result in a prison sentence of up to 20 years. Assault and battery of the first degree can result in imprisonment of up to 10 years. Remember that these two crimes are felonies, which means they carry a tougher sentence.

Assault and battery of the second degree, which is a misdemeanor, can result in a prison sentence of up to 3 years and a fine of up to $2,500. Assault and battery of the third degree, which is also a misdemeanor, can result in up to 30 days in jail and a fine of up to $500.

Beating Your Assault and Battery Charges

With the guidance of an experienced criminal defense attorney, it is possible to fight your charges and win, using one of the defenses detailed here. If you or someone you know has been charged with assault and battery, your first step should be to contact an attorney.

Contact us immediately to discuss your case. We are available 24 hours a day, 7 days a week to take your call.

What is Bail and How Does it Work?

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How Does Bail Work?

Bail is a payment given to the court so a person doesn’t have to spend time in jail. More precisely, bail is a legal exchange with the arrestors or the court, extending people’s time before a legal proceeding.

There are two ways a person receives bail.

  1. The police post bail upon arrest.
  2. The court decides the bail amount.

If the court or the police responsible for the arrest have an undeniable proof for a heinous crime, each form of responder can refuse bail.

For context, bail amounts change depending on the severity of a person crime. For instance, a DUI costs less than drug possession. Here’s another layer: each state has different bail standards.

When a judge begins weighing up bail, he’ll also consider the civil and criminal history of the defendant.

Posting Bail

What does it mean to post bail? Put simply, posting bail means you pay your pail instead of going/staying in jail.

This happens the moment you’re sent into booking. An officer will either hand you a ticket explaining your bail, or you’ll have to wait. In some cases, your bail won’t be “posted” right away.

As mentioned above, if your crime is considered too serious by the judge, you might not have the option to post bail.

In these moments, before or after posting bail, you might want to contact your attorney.

Paying For Bail

You can pay in cash, by check, or other forms of currency to the court itself. This resolves you from your jail sentence but doesn’t save you from court proceedings.

If the cost of bail is too much, you might qualify for a bail bond.

Bail bonds are essentially credit loans to relieve the cost of bail. When you think about how bail works, you must realize that the actual money is credit owed to the court system for civil damages.

When a bail bondsman assists a defendant, they pay a portion of their bail up front (an amount that depends upon the bondsman) and make a defendant sign a written agreement.

This contract demands that defendants show up to their trial. If they don’t, they have to pay the bail in full. In some cases, an absent defendant has to pay the bail plus interest fees.

If finding a bail bondsman sounds risky, one has the option to depend on their insurance agency to perform the same function.

These fees fluctuate between agencies the same way bondsman costs vary district to district.

Additional Options

To avoid bail entirely, an outside force could make the case against the bond amount. For example, if the crime committed has not been fairly met with a bail amount, there’s cause for intervention.

In other scenarios, someone might convince the judge to release a defendant if there is reasonable cause. You can find some of these loopholes through having a conversation with an attorney you trust.

Issues and Concerns

An estimated 400,000 people in the US stay in jail because they can’t afford bail. Therefore, an issue surrounding the bail system is cost and effect on prisoners.

In some cases, people may be assumed culpable for crimes they didn’t commit because they weren’t able to pay bail.

Recent changes in bail laws in different states, which remove payment options, or add others on, might compel you to find an apt attorney to solve your bail problems.

Here are the current bail laws that you need to know:

  • Conditional release
  • Bail based on certain crimes

Let’s explore each of these items, giving you a headstart before you meet with your attorney.

Bail Based On Certain Crimes

If you or someone you love has committed a crime, you need to figure out how much your state charges them for release.

Furthermore, every judge determines bonds on a scaling system. This slider determines the amount the accused must owe.

If you’re unsure how much different crime is worth for bail, ask an attorney, or a law-office near you.

Conditional Release

Sometimes a judge or magistrate will release the accused instead of charging bail. Instances include:

  • When another puts the bail on an accused person that outweighs their risk to the community.
  • When the accused shows no remaining signs of a threat to a community.
  • When bail doesn’t sufficiently meet the charges set on the accused.
  • When a third-party can intervene, proving that release aids the upcoming proceedings.

There Is Someone On Your Side

You’ve asked how does bail work, and now you got your answer. With a basic knowledge of bail systems, their payment options, and legal proceedings, you’re off to a great start.

Still, you can make yourself even more secure.

At the end of the day, if you’re worried about how to pay your bail, you need a good attorney to show you the rest of the way.

Don’t be afraid to get your loved one out of a cell. What do you say? This is your chance to educate your friend and family. Make sure you are prepared before anything slips.

Go for it! Take the next step and contact us today for the consultation you need.

South Carolina’s Drunk Driving Laws: What You Need to Know

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When you’re arrested for drunken driving in South Carolina, there are several things that are going to happen that will cost you money. These include court appearances, fines, and fees. And these are just the main expenses if you’re a convicted drunk driver. By law, you will also have to pay for DUI school, drinking disorder evaluations, and a higher insurance premium.

A South Carolina DUI is a traffic offense, but it’s also a criminal conviction. It is considered one of the most serious misdemeanor offenses in the state’s magistrate and municipal courts. We encourage you to keep reading more below about SC DUI laws in case of an unwanted incident.

SC DUI Laws

South Carolina law prohibits a person from operating a vehicle while under the influence of alcohol or drugs. This is because at some point the person’s faculties to drive are impaired. You will be an outlaw if your blood alcohol content (BAC) is 0.08 percent or higher, despite the level of visibleimpairment.

This means that it is not necessary for a person to display the signs one would associate with someone who is under the influence. Under the South Carolina, DUI law section 56-5-2930 a person can still be arrested for driving under the influence even if their BAC level is below 0.08 percent. This is just by displaying signs consistent with a person who is under the influence.

Arrested and Booked

When an officer stops you on suspicion of DUI, they’re already building a case against you by observing your driving patterns. Reasonable grounds will allow the officer to request you to perform a sobriety test and that you submit to a chemical test.

This test is required by the South Carolina Implied consent law section 56-5-2950. If you refuse to submit to a chemical test you will be informed of the penalties for test refusal, even if this does not mean your guilty of a DUI.

A final refusal to a chemical test can result in a 6-month license suspension. And if you have a prior alcohol-related conviction or suspension within the preceding ten years, you risk a 9-month suspension.

Underage Penalties

SC DUI laws prohibit anyone under the age of 21 to operate a vehicle with a BAC greater than 0.02%. This is translated to South Carolina’s “zero tolerance” law, which states that if this law is broken the underage person will face an automatic suspension of their licenses for three months or six months (if there’s a prior alcohol-related conviction).

What Happens After I’m Charged?

You’d have to spend the night in jail and bond out the next day. When you’re charged with a DUI you have three options when it comes to facing charges.

  1. You can choose to plead guilty in magistrate court and accept the penalties that come with the charge.
  2. Ask for a bench trial (you’d face a magistrate judge and the arresting officer would serve as a prosecutor).
  3. Request a jury trial (this moves the case to a general sessions court and a prosecutor is assigned to replace law enforcement).

If you plead guilty or have a bench trial, the case can be resolved quickly. But, requesting a jury trial results in a delay. According to an article published in Greenville Online, DUI cases take around six to nine months in Greenville County and closer to a year in Pickens County.

The penalties for a DUI conviction in South Carolina can be severe. After a first-time DUI offense, for example, the state can carry a mandatory jail sentence depending on the breathalyzer results.

What Evidence Does The Prosecution Need to Get a DUI Conviction?

South Carolina law has strict requirements for proving evidence against people accused of a DUI. In 2009, the state approved a video recording amendment that requires field sobriety and breath tests to be recorded on video.

How a First Offense DUI Looks like

If you get convicted and you’re a first-time offender you can face anywhere from 48 hours to 90 days in jail, depending on your BAC at the time of the arrest.

A second offense DUI is punishable by up to 1 year in jail, a $5,100 fine, and a 1-year revocation (BAC under 0.10%). Your third offense is punishable by up to 3 years in jail and includes a $6,300 fine and 2-4 year revocation.

Ignition interlock may be required after your license period suspension ends. This device requires you to blow into it to show that you’re not impaired before turning on a vehicle.

Treatments After Convictions

Depending on the severity of your DUI conviction, you will be required by the state to enroll in the Alcohol and Drug Safety Action Program. This program requires you to get an alcohol and drug assessment and follow the recommended treatment.

There are over 40 different drug treatment centers in the state of South Carolina more than equipped to help you. The programs help to ensure that you don’t repeat a misdemeanor and avoid being pulled over again. Under SC DUI laws, a trained counselor will also test your pattern of alcohol consumption to determine whether you have an alcohol abuse disorder.

Terms of Probation

Another form of treatment is through community service. When you’re a first-time offender you may be eligible to do community service instead of serving jail time.

Under South Carolina law, the number of hours dedicated to community service is equal to the amount of jail time that would have been required. Remember that the penalties listed above can differentiate based on your BAC of the moment you were stopped by an officer.

For example, the state’s legislature removed the possibility of substituting community service hours for jail time for second-time offenders. If you are convicted of a second DUI you will be required to spend five to 30 days in jail, depending on your BAC.

Consequences of a DUI

Although South Carolina categorizes a first DUI offense as a misdemeanor, you should not underestimate the serious consequences of that first DUI arrest or conviction.

When you’re charged you need to understand the SC DUI laws so you can prepare for the long process of probation fees and terms. Act quickly and consider contacting a DUI attorney who can help you get familiar with the issues associated with your charge.

Don’t hesitate to visit our web page for more information on our team of legal experts and contacts us today for a free consultation.

How To Behave When You’re Pulled Over

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As  defense attorneys, we often have clients who were pulled over by an officer before they were arrested. Being pulled over is never a fun experience, but there are certain ways to behave that will ease your communication with police, keep you safe, and potentially prevent a ticket or arrest. Whenever you are pulled over, keep the perspective of the officer in mind. You may have done nothing wrong in your view, but remember that the police officer does not know who you are, or if they are approaching a dangerous person. However, if you do everything in your power to communicate that you are not a threat, your interaction with the police is likely to go a lot smoother. In this blog, we will go over some essential tips for communicating with a police officer when you have been pulled over in your car.

When The Officer Approaches…

…be aware of how your behavior is being watched. Put the car in park, roll down the window, turn off the car, and place your hands on the steering wheel so that they can be seen. Be mindful of how any quick movements may look suspicious and could be probable cause for searching your car if it looks like you are hiding something. Wait until the officer asks you for your license and registration to begin looking for them, because rifling through your glove compartment or pockets could look like you are withdrawing a weapon.

Be Cooperative

When you are pulled over, cooperate with any request from the police officer (as long as it is legal). An officer is not required by law to tell you why you are being pulled over initially. Additionally, the officer may ask for your name and address, and may request you either stay in or get out of your car. Remaining cooperative and polite throughout the interaction can only help.

Let Them Control The Conversation

It is important to not act in a way that will look suspicious to the officer, so don’t react defensively. Allow the officer to dictate the conversation. They will ask for your license and registration; if you need to reach into the glove compartment to retrieve either of these items, tell the officer first and wait for their permission. Additionally, resist the temptation to tell your side of the story. The officer may appear open to hearing your version of events, but anything you say could be incriminating and used against you in court. They may be trying to get you to confess to the crime, so don’t apologize for anything, as this is an admission of guilt.

Keep It Brief

When the officer asks you questions, do not lie, but keep it as brief as possible. When the officer asks if you know why you were pulled over, your answer should be, “No.” Keep your answers to their questions to “yes” or “no,” and don’t respond with anything substantive. Nodding and using non-committal phrases such as, “I see,” and “I understand” is the best approach. If you are concerned, you do not have to answer any questions at all. After all, if you remain silent, the officer cannot get an admission of guilt to be used in court.

Refuse A Search

If the officer asks to search your car, you should refuse. When you consent to a search, it makes it substantially more difficult to challenge any evidence they find. Also, if the officer has grounds to search your car, it will happen whether you consent or not. Generally, officers will ask for consent because they do not have legal grounds to search. The officer may pat you down for weapons should they believe you are dangerous, and may look further if they feel anything that seems to be a weapon.

Drinking And Driving

Drinking and driving is never smart, but there are ways to behave during a traffic stop that can make it worse. If you have been drinking, even if you believe you are under the legal limit, do not admit this to the officer; silence will serve you better. In South Carolina, you can refuse a field sobriety test without penalty, but it may cast suspicion on you. Additionally, if the officer asks to breathalyze or perform another chemical test on you, refusing has consequences; in the Palmetto State, your license will automatically be suspended for six months due to the Implied Consent law, which states that when you receive a driver’s license, you automatically consent to these chemical tests.

With all this in mind, a traffic stop may still not go in your favor. If you are arrested, you need legal representation for the best possible outcome in court. At The De Bruin Law Firm, we are experienced defense attorneys who may be able to help. Contact us today to learn more!

Once I have evaluated your case I will provide you an overview of your case. This will describe among other things the criminal law process, how we will work together to navigate the criminal justice system, and what expectation I have for you as a client and what expectations you should have for me as your defense attorney.

Removing Crimes From Your Record

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It is common to have regrets from the past that you wish you could take back. This is especially common when it comes to being convicted of a crime. In these cases, you may be very eager to find a way to remove it from your criminal record. In South Carolina, there are specific scenarios in which you can remove crimes from your record, whether through an expungement or a pardon. Read on for the difference between these two options.

Expunging Your Record

When you wish to expunge your record, it is generally done through the local Solicitor’s Office. You submit an application, wait, and eventually receive a decision in the mail. A judge assesses the merit of your request, and if your expungement is approved, the judge will grant it by signing an order. This results in the charge being removed from your criminal history. Expungements are only permitted under specific circumstances and convictions. DUI convictions are never eligible for expungement. Some situations that may make you eligible for expungement include:

  • You have successfully completed a pretrial intervention program,
  • You were convicted of one of several specific offenses in the municipal court,
  • Your conviction is of a first offense fraudulent check,
  • You were granted a conditional discharge from a substance violation,
  • You were sentenced under the South Carolina Youthful Offender Act (depending on the offense), or
  • You have been charged with one of several specific offenses involving points violations of hunting/fishing privileges.

Clearly, this is not a comprehensive list. Understanding the specifics of expunging your record requires the consultation of a criminal defense attorney.

Pardons

In contrast, pardons go through the South Carolina Department of Probation, Pardon, and Parole. In this case, not only do you fill out an extensive application, you must also present your case at a hearing before a committee. Pardons are difficult to obtain and generally require a criminal defense attorney to represent you. The goal of a pardon is to restore a civil right that has been taken away because of a serious conviction, such as the right to bear arms or the right to run for public office. If you are pardoned, the crime is not removed from your record; instead, the pardon is added to your criminal history.

If you are interested in exploring your options for expungement or pardons, contact The De Bruin Law Firm for a criminal defense attorney in South Carolina. We can help you determine whether or not you are eligible and if it is worth it to pursue a case. Contact us today!

Duties Of A Defense Attorney

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“Because Your Future Deserves a Defense”

If you have been charged with a crime, you likely have many questions you want answered, some of which may be about the role of your defense attorney. A criminal defense attorney has many duties once they have been appointed to defend their client in court. In this blog, we will give a brief overview of these duties so you know what to expect from your criminal defense attorney.

Zealous Representation

The first requirement of your criminal defense attorney is to zealously defend you in court. “Zealous representation” means that your defense attorney is fully engaged in representing you. They must have active involvement in every process related to your defense, both before and during the trial. Your attorney must respond to any inquires made of them, and they must promptly attend any criminal proceedings and represent you there.

Advocacy

Next, your attorney must advocate on your behalf. This means that your defense attorney must represent you to the very best of their abilities and raise any potential viable defense in court. However, they are not required to raise any frivolous or unfounded defenses on your behalf.

Effective And Adequate Representation

Lastly, your criminal defense attorney must effectively and adequately represent you. Effective representation means that your defense attorney has followed all of the necessary procedures conscientiously, and has represented you in all of the proceedings, both pretrial and during the trial. Additionally, it means that your attorney properly advised you about the charges against you, and informed you of your rights.

If Your Counsel Isn’t Effective

Under the Sixth Amendment of the Constitution, you are entitled to a fair trial, which includes effective assistance of counsel. In the event that you don’t believe you have received effective or adequate representation, you may appeal your conviction on these grounds. In order to successfully do this, you must demonstrate that your attorney’s conduct was detrimental to the proceedings of your trial, so much so that the results of the trial are unreliable. This does not mean that your defense attorney cannot have made any errors. Rather, you are protected from your defense attorney’s performance if it directly undermined the adversarial process of the trial. If proven correct, you may be entitled to a retrial.

If you need a criminal defense attorney in South Carolina, contact The De Bruin Law Firm. We provide our clients with effective legal counsel for a variety of charges. Call us today for more details.

Possible Defenses To Domestic Violence Charges

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Facing charges for domestic violence can have a serious impact on your life. It can have detrimental effects on your relationships, your career, and your reputation. If you have been charged with domestic violence, there are several potential defenses that your domestic violence attorney at De Bruin Law Firm could use during your trial.

Wrong Suspect

A defendant may claim that they were not the perpetrator of the abuse; someone else was. To establish innocence, there are a variety of potential options. For example, the defense attorney may present evidence that the defendant was not near the scene of the crime, or that the defendant has an alibi.

Deliberately False Allegations

Sometimes, individuals will make false allegations of domestic violence to spite their partners. This is most common in divorce or child custody cases. If this is your situation, your domestic violence attorney will look for inconsistencies in the accuser’s story, usually by looking at police records and the accounts of eyewitnesses.

Self-Defense

Another possible defense of domestic violence would be a claim of self-defense, or protection of children. This could work if the defendant was facing imminent danger, responded proportionally to this threat, and did not instigate the incident.

Insufficient Evidence

Most commonly, a defendant will argument that there is not sufficient proof of the accusation. You cannot be convicted of domestic violence without sufficient evidence of abuse.

If you are facing domestic violence charges, contact De Bruin Law Firm. We can do our best to protect your rights and defend your future. Call today.

Understanding South Carolina’s Domestic Violence Charges

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Like all states in America, South Carolina has laws that are designed to protect people from abuse inflicted by a member of their own household. It’s important to be aware of the details of these laws, not only so you can know your legal rights in the event that you’re a victim of domestic violence, but also so you’re aware of your legal rights in the event that you’re accused of perpetrating the crime of domestic violence. At De Bruin Law Firm, we believe that it’s important for all individuals to be considered innocent until proven guilty, and our criminal defense attorneys will fight hard to defend the rights of any individual who feels wrongly accused in these cases.

South Carolina’s Domestic Violence Charges

The Palmetto State employs what are known as a gradated domestic violence charges. This means they’re considered to be varying levels and types of domestic violence, each with their own specific definitions and potential penalties.

First Degree Domestic Violence

A person can be charged with first degree domestic violence if law enforcement officers determine they have caused or attempted to cause great bodily harm to a person in their household. First degree domestic violence charges also apply to someone who has violated a protective order, has two or more prior convictions for domestic violence within 10 years, commits domestic violence against a pregnant women, and a number of other situations.

Second Degree Domestic Violence

A person can be charged with second degree domestic violence if law enforcement officers determine they have caused or attempted to cause moderate bodily harm to a person in their household. This charge can also apply to a number of additional acts.

Third Degree Domestic Violence

A person can be charged with second degree domestic violence if law enforcement officers determine they have caused or attempted to cause any harm to someone in their household.

DVHAN

In addition to these gradated domestic violence charges, South Carolina lawmakers have set aside a fourth distinct category of charges. This category refers to domestic violence of a high and aggravated nature, or DVHAN. A person can be charged with DVHAN if law enforcement officers determine that assault or battery has been committed with a deadly weapon, or in such a way that the victim feared serious injury and/or death.

De Bruin Law Firm understand that no case of domestic violence is black and white. Our criminal attorneys have years of experience with these type of cases, and are always available to discuss your particular circumstances.

Getting A Second Chance In The South Carolina Pretrial Intervention Program

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People who are first-time offenders charged with a non-violent crime may qualify to participate in South Carolina’s Pretrial Intervention Program. The purpose of the program is to deter first-time offenders from committing crimes in the future. Not all first-time offenders qualify for the Pretrial Intervention Program.

Under South Carolina law, the following first-time offenders are not allowed to participate in the program:

  • Offenders who participated or were accepted into the Pretrial Intervention Program in the past;
  • Individuals charged with blackmail, or driving under the influence or with an unlawful alcohol concentration;
  • Individuals charged with a traffic-related offense that only results in a loss of points or a fine;
  • Individuals charged with a violent crime;
  • Individuals charged with an offense related to fish, game or wildlife that is punishable by a loss of 18 points; and
  • Individuals previously convicted of a domestic violence offense.

Specifics Of The Program

During the South Carolina Pretrial Intervention Program, participants tour a prison, perform community service, take educational classes, participate in counseling and make restitution to their victims. The solicitor places the charges for offenders on hold while they participate in the program. This means that a trial will not be held in their case.

In order to participate in the Pretrial Intervention Program, an offender must be referred by a judge, attorney or law enforcement member. Participation also requires submitting an application to the Circuit Solicitor’s Office and payment of non-refundable program fees. There may also be additional fees for counseling and drug tests, depending on the offense. It is possible for indigent individuals to have the application fees waived. However, if the fees are waived, the participant is required to perform additional community service.

At De Bruin Law Firm in Greenville, South Carolina, our criminal defense attorneys can defend you if you are charged with a crime and help you to apply for the South Carolina Pretrial Intervention Program if you qualify. Contact De Bruin Law Firm today to schedule a free consultation with one of our criminal law attorneys.

Three Ps Of Sentencing

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In South Carolina, the terms probation, parole and pardon are often referenced in criminal cases. Although each term relates to sentencing, they have very different meanings.

Parole

The Board of Paroles and Pardons can order parole, which allows an offender to be released from prison and complete part of his or her sentence in the community. Not every prisoner qualifies for parole. A prisoner who committed a “no parole offense” does not qualify for parole. Under South Carolina law, a “no parole offense” is defined as a class A, B or C felony or any other offense that is punishable by a maximum sentence of 20 years or more.

Probation

Probation is a process wherein a convicted person is allowed to remain in the community instead of being sent to jail. Probation is typically an option for non-violent first offenses. A probation officer supervises a probationer’s living arrangements and can limit what the probationer is allowed to do. An individual on probation must satisfy certain requirements in order to remain out of jail. In order to remain out of jail, a probationer must do the following:

  • Regularly meet with the probation officer;
  • Promptly pay all court fines, costs and supervision fees;
  • If the probation agent suspects the probationer of breaking the law, he or she must submit to a search of your person or property without a search warrant;
  • Stay employed in order to pay the required court and supervision costs as well as living expenses;
  • Submit to a drug test if the probation officer requests one;
  • Stay out of trouble and do not break the law;
  • Allow the probation officer to visit at any time;
  • Maintain a curfew in order to stay out of trouble; and
  • Follow all of the probation officer’s instruction and advice.

Pardon

Pardon is the best option, as it does not require jail time or supervision. A pardon means that an individual is completely forgiven from all legal consequences of a crime and conviction. This includes all fines and penalties. Eligibility for a pardon depends on an individual’s situation.

  • Probationers: If all restitution has been completely paid, probationers can be considered for a pardon after receiving a discharge from supervision.
  • Parolees: If all restitution has been completely paid, parolees can be considered for a pardon after successfully finishing five years of supervision. However, if the maximum parole period is less than five years, then discharged parolees can be considered for a pardon after successfully completing the maximum parole period.
  • Individuals discharged from a sentence: If all restitution has been paid in full, discharged individuals may be pardoned any time after the discharge.
  • Inmates: Inmates must provide proof of extraordinary circumstances before becoming eligible for parole in order to receive a pardon. The inmate must also pay all restitution completely.
  • Inmates with a terminal illness: A terminally ill inmate may be considered for a pardon after becoming afflicted with an illness with a life expectancy of one year or less. The inmate must provide two doctor’s statements and pay all restitution in full.

Do you need help with a probation, parole or pardon legal matter? At De Bruin Law Firm in Greenville, South Carolina, experienced criminal law attorneys will make sure that you get the best legal representation. Contact De Bruin Law Firm today to schedule a free consultation with one of our criminal law attorneys.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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