Who will decide if I am guilty of violating parole or probation?
When a person is on parole or probation, a court will decide if they have violated their terms. In South Carolina, the court will make its determination of guilt based on the evidence presented in the hearing. Lawyers from both the defendant (the person charged) and the state will present arguments to the court. The court will then typically consider whether the person has broken any of the terms of the parole or probation, and whether or not they have done so intentionally. The court will then hand down a decision, which may include the issuance of a warning for the person to comply with their parole or probation, or if they have violated it, they may be issued a fine, jail time, or a combination of the two. In some cases, a judge may decide to revoke the parole or probation and require the person to serve their original sentence. Ultimately, the court will decide if someone has violated their parole or probation. However, depending on the severity of the violation and the individual’s prior convictions, police may take the person into custody if it is suspected that they have committed a parole violation.
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