What Happens if You Violate the Rules of Probation or House Arrest?
If you are put on probation or house arrest, it means you won’t be incarcerated, but it does not mean that you’re free to do everything that you could prior to the conviction in question. There are a range of rules and regulations that apply to those who are on probation or house arrest, and failure to comply can land you right back in prison or jail with your full sentence left to serve out. If you have questions or concerns about probation or house arrest, don’t wait to consult with an experienced South Carolina criminal defense attorney.
Probation: The Basics
If you receive probation in lieu of a jail sentence, all of the following are off-limits:
- Being around guns or other weapons
- Committing any additional crimes
- Failing to pay any fines ordered by the court
- Hanging out in places that are considered disreputable or of harmful character
- Failing to stay away from illegal substances and failing to pass all required drug tests
You’ll also be required to cooperate with your probation officer, which includes all the following:
- Allowing them to visit your home
- Allowing them to administer the necessary drug tests
- Meeting with them according to a set schedule
Additional conditions of your probation may include house arrest and community service requirements.
House arrest is an alternative to incarceration that is sometimes employed in South Carolina – generally as a condition of probation. House arrest usually involves an ankle bracelet and GPS tracking. The primary conditions of house arrest are like probation and include:
- Staying in your home unless you’re headed to work, school, or a place of worship
- Attending regular meetings with your probation officer
- Submitting to random home inspections
- Adhering to curfews
- Paying restitution and court expenses
- Submitting to random drug and alcohol testing
A Probation or House Arrest Violation
If you fail to live up to the requirements of probation or house arrest set by the court, you could be required to serve the totality of your original sentence – if it hadn’t been converted to probation. If this is the situation you find yourself in, the matter will likely be resolved in a hearing before a judge who will determine whether you’re in violation of your probation and, if so, the legal consequences.
The involved probation officer will likely speak to the court in relation to their experience with you, including in relation to your level of cooperation, attitude toward them, attendance at required check-ins, and any other relevant concerns. The judge is also very likely to ask you questions about the matter. Having a seasoned attorney in your corner at this juncture is always an excellent plan.
Reach Out to an Experienced South Carolina Criminal Defense Attorney Today
The practiced South Carolina criminal defense attorneys at the Law Office of Brad C. Richardson have a wealth of impressive experience helping clients like you obtain favorable probation terms and successfully fight probation violation charges. Learn more by contacting us online or calling us at 843-488-4321 today.