What You Need To Know About Probation And Parole Violations In Wisconsin
If your agent accuses you of violating probation, parole or extended supervision, you are likely wondering whether you will remain in the community or return to custody.
With more than 30 years of criminal defense experience, Bill Ginsberg represents clients facing revocation in Madison and throughout Wisconsin. He reviews the circumstances behind the allegation and develops a strategy tailored to the issues involved.
Common Probation And Parole Violations
The court and your agent set conditions that you must follow, and breaking them does not have to involve a new crime. Examples of these violations include:
- Missing scheduled meetings with your agent
- Leaving Wisconsin without approval and a travel permit
- Testing positive for drugs or alcohol
- Falling behind on court-ordered payments or supervision fees
- Engaging in new criminal conduct
Your court order or agent can add requirements tailored to your case. Even a lapse that seems minor can prompt an investigation, although the response depends on the conduct and your overall progress under supervision.
Revocation Proceedings And Possible Alternatives
If the Wisconsin Department of Corrections (DOC) believes that you failed to meet a condition, it may place you in jail on a custody hold. During that time, your agent gathers evidence and decides whether to recommend formal proceedings or another course of action.
An administrative law judge, rather than a criminal court judge, decides whether to revoke your supervision. The DOC must prove the alleged breach by a preponderance of the evidence, meaning the claim is more likely true than not.
During this proceeding, you have the right to deny the accusation, present evidence and witnesses, question opposing witnesses and receive assistance from counsel. You also have an opportunity to explain why a less restrictive outcome is appropriate.
The DOC may instead use an alternative to revocation, such as treatment, a short-term jail sanction, electronic monitoring or increased supervision. These measures promote compliance without ending your community placement.
Penalties For Violating Parole Or Probation
Probation consequences depend on how the judgment was structured. If the court withheld sentencing, you return for that step; if it imposed and stayed a term, you serve it.
Parole carries a period of reincarceration based on the time remaining. For extended supervision, the administrative law judge determines the length of reconfinement within the limits set by the original sentence and applicable law.
Representation When Community Supervision Is At Stake
Bill Ginsberg reviews the evidence, pushes back on weak allegations and presents the strongest facts for your defense, all while working to protect your freedom and your future. If you are facing a probation, parole or extended supervision issue, you can discuss it in a free initial consultation. Call Mandell & Ginsberg Attorneys at Law at 608-620-7640 or contact the firm online.