Probation Revocation in Wisconsin

Probation revocation in Wisconsin is a consequence to repeated parole violations. Probation revocation should be taken seriously. Probation is a form of supervision that allows a criminal defendant to be released into the community, rather than being held in a jail for a determined period of time after pleading or being found guilty of a crime in Wisconsin. Probation typically comes with particular requirements that relate to the crime for which someone has been convicted, such as drug, alcohol, and/or domestic violence treatment, mental health counseling, urine screenings, and regular meetings with an agent.

“Probation Hold”

In Wisconsin, when a probationer is alleged to have violated a rule of their supervision, the agent will often place a “probation hold” on the offender, while the agent investigates allegations that they committed a new crime or violated the rules of their release. This means that the offender is placed in jail until the agent determines whether, based on their investigation, that a violation occurred, and if so, whether it warrants revocation of that person’s probation status. If the officer determines that the defendant has violated probation, they will often recommend revocation of the offender’s probation status. The offender is then usually kept in jail until the revocation hearing.

File a Revocation Packet

After determining that a probationer has violated their probation and that it warrants revocation, the agent will file a revocation packet, which will contain allegations of how particular rules were violated. It could be as straightforward as drinking alcohol while being required to maintain absolute sobriety, or as complicated as being charged with a new crime. You are entitled to a hearing to contest the allegations the agent has set forth against you. You have the right to an attorney, who can interview witnesses and investigate the allegations against you.

Probation Revocation Hearing

The process of probation revocation in Wisconsin includes a probation revocation hearing. The probation revocation hearing must occur within 50 days of when the probationer was first detained. The revocation hearing will take place in front of an administrative law judge or ALJ, not a county circuit court judge. This is important because ALJ’s are limited in what decisions they have the authority to make. The ALJ can decide whether you did in fact violate any rules of your probation, and if you did, whether you should be eligible to receive an alternative to revocation or whether you should be sent back to circuit court for sentencing.

Unlike a criminal case, where the required burden of proof is beyond a reasonable doubt, the probation agent only needs to prove a violation by a preponderance of the evidence, or in other words, that the person “probably” committed a violation. This standard is much lower than the reasonable doubt burden required in a criminal case. The ALJ then has 10 days to issue a written decision regarding the revocation.

Potential Sentence

Whether an offender’s sentence is withheld or imposed and stayed will determine their potential sentence exposure if they are in fact revoked. In Wisconsin, a withheld sentence means the court has not imposed a sentence in anticipation of probation revocation, and you will return to court where the judge has the discretion to impose a sentence up to the maximum penalty for the crime you were convicted of. An imposed and stayed sentence means that the court has sentenced someone to a particular period of time in jail, but has delayed the execution of the sentence to allow an individual to complete probation instead, giving them an opportunity to avoid incarceration.

If you have been accused of violating your probation, it is urgent you get in touch with an experienced attorney as soon as possible to preserve your rights and minimize potentially serious consequences. Wyosnick Legal, LLC has represented many clients accused of parole violation, as well as many other criminal charges. Protect you rights, call us today at 608-230-2413 for a free consultation.

Disclaimer: above descriptions of the law is in no way legal advice from Wyosnick Legal, LLC, nor should be considered as forming an attorney-client relationship.