South Carolina Criminal Law Update

In State v. Brannon the South Carolina Court of Appeals was confronted with a probation revocation matter.  Brannon did not have a lawyer when the court revoked his probation and the “record” indicates that “Brannon signed a pre-printed waiver form generated by the Department of Probation, Parole, and Pardon Services in which he purportedly indicated his decision to proceed without counsel and waived the right to appear before the circuit court…”

The Court ruled that Brannon was entitled to a hearing.  Brannon was entitled to waive the hearing but such waiver must be knowing and voluntary.  The Court was “troubled by the absence of any finding…that Brannon knowingly and voluntarily relinquished his right to a hearing” and the order “included no findings about the validity of Brannon’s purported waiver of counsel.”
As a result, the Court remanded the matter back to circuit court for findings on these issues.

James Brehm can assist clients that are confronted with this and similar probation revocation issues.

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