Probation is a legal arrangement that allows individuals to avoid jail time or reduce their sentence by following certain stipulations set by the court. However, violating probation could lead to severe consequences such as extended probation, hefty fines, or even imprisonment.
Conditions of probation vary depending on the offense committed and your criminal history but may include things like regular check-ins with a probation officer, maintaining employment, completing treatment programs, and paying restitution. If a person on probation fails to comply with these conditions, they may be subject to penalties.
Technical vs. Substantive Probation Violations
There are two types of probation violations in Wisconsin: Technical and substantive violations. Technical violations are minor infractions such as missing a meeting with your probation officer or forgetting to complete your community service hours. Substantive violations are more serious offenses, such as getting arrested for another crime or failing a drug test.
If you violate the terms of your probation in Wisconsin, you may be subject to a number of penalties. In many cases, violating probation could lead to the reinstatement of the jail sentence you would have otherwise served if not for your probation. If there was no original jail sentence, the judge will render a sentencing decision at the probation revocation hearing.
Legal Defenses To Probation Violation Charges
If you have been accused of violating your probation, contact an experienced Wisconsin criminal defense lawyer to ensure that your right to carry out your probation as agreed is upheld. There are a few defenses that your attorney may assert to prevent further penalties from impacting your freedom, including the following:
- Probation violation did not occur.
- Probation was violated for a good reason, i.e. if you had to miss a meeting with your probation officer due to an emergency.
- Probation violation was minor and does not warrant additional penalties.
- Requirements of the probation have been successfully completed, and you should not be penalized for a minor violation.
If you have completed your sentence and still have some restrictions on your rights, a probation attorney may be able to help you restore them. They can file a court petition on your behalf to remove any conditions that were placed on your probation, such as drug testing or curfews. If the court grants your petition, you will be restored to full citizenship with all of your rights intact.
If you have been charged with violating parole or probation, speak with an experienced criminal defense attorney as soon as possible to help mitigate any penalties associated with a violation.