Tagged: Probation

Right to Counsel and Hearing before Revocation of Probation

On March 5, 2014, the South Carolina Court of Appeals decided State v. Brannon, reminding the bench and bar about the rights that must be protected before the court may revoke probation. “Troubled by the absence of any finding whatsoever in the appealed order,” the Court remanded the case for “the circuit court to determine […]

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Tolling Probation Limited to Violation of Probation Condition or Statutory Directive

On June 19, 2013, in State v. Miller, the South Carolina Supreme Court held that probation is not tolled while a person is involuntarily committed as a Sexually Violent Predator (SVP). In a unanimous opinion authored by Justice Donald Beatty, the Court clarified “that tolling probation must be premised on a violation of a condition […]

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