Wisconsin Probation and Extended Supervision Violations
Any probation violation creates a risk of your agent choosing to begin revocation proceedings. Fortunately, you have the right to a probation revocation hearing to determine whether revocation is appropriate. You have the right to dispute the allegations against you. Even if you made a mistake, you still have the right to argue for a less restrictive alternative to revocation. Probation and parole agents often ask you to give up these rights by waiving your right to a probation revocation hearing. You should always speak to an attorney before waiving your rights. An experienced probation and parole revocation lawyer can protect your right to dispute the violations and argue for an alternative to revocation. Call or contact Attorney Andrew Walter to arrange a free consultation.
Wisconsin Probation and Parole Revocations Law
If your agent believes that you violated any condition of probation or parole, they may issue a probation warrant authorizing your arrest. Upon arrest, your agent will jail you on a probation hold. An agent will come to question you about the violations and may ask you to make a written statement. Whenever possible, you should contact an attorney immediately upon your arrest. Speaking with a probation revocation attorney before your agent comes to question you ensures that you know your rights and that you are prepared for questioning.
After questioning you, the probation agent will consult with supervisors and decide whether to revoke your probation, parole, or extended supervision. If the Department decides to begin revocation proceedings, your agent will inform you of the decision and notify you about your rights. The agent will often ask you to waive your right to a revocation hearing. They may tell you that they will recommend a light sentence to persuade you to waive your rights. However, what they often do not say is that the probation agent can only recommend a sentence; the District Attorney and judge are free to disregard the agent’s recommendation. Contact Attorney Andrew Walter for a free consultation before waiving your right to a revocation hearing.
Walworth County Probation and Parole Violations and Hearings Lawyer
If your probation agent accuses you of a probation violation, contact Attorney Andrew Walter for a free consultation. If you have a friend or family member in jail on a probation or parole hold, call or email Andrew immediately to arrange for a jail visit.
Wisconsin Probation, Parole, and Supervision Revocation Hearings
You have the right to a revocation hearing before an Administrative Law Judge (ALJ) unless you waive that right. At the hearing, the issues are whether you committed the alleged probation violations and whether the violations are serious enough to warrant revocation. Your agent must prove that you committed violations of your probation. You, or preferably an experienced criminal defense lawyer, can cross examine any witnesses and present other evidence to dispute the allegations.
If your agent proves that you violated a condition of probation or parole, the ALJ must determine whether to revoke your probation. This decision involves a Plotkin Analysis, where the ALJ must determine whether your case meets the three grounds for revocation: (1) confinement is necessary for the protection of the public; (2) the offender requires treatment in a correctional setting; and (3) not revoking probation would unduly depreciate the seriousness of the offense.
Your or your lawyer can argue that the violations are not serious enough to require revocation and confinement. You can also argue that appropriate treatment is available in the community. An experienced revocation attorney often presents evidence of specific treatment programs available in the community. In appropriate cases, it may be appropriate to hire an expert to review the case and prepare a treatment plan, known as an alternative to revocation, involving treatment options available in the community.
Contact Attorney Andrew Walter for a free consultation regarding your probation, parole , or extended supervision.
Walter Law Offices
108 West Court Street
Elkhorn, WI 53121
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