What Are Wisconsin Probation Procedures?

In many criminal instances, a defendant obtains a probationary term instead of or in addition to serving a jail or prison sentence. The regulations are different based on the situation and kind of offense. The defendant’s case will most likely be closed if they complete probation. If the offender fails to complete probation, the issue might continue in several directions.

Violation Of Probation:

If an appellant is on probation and violates any of the requirements, the probation agent and administrative law judge can decide whether to revoke the defendant’s probation, give them another chance at probation, or provide them with an alternative program.

Probation Revocation Hearing:

A hearing will be scheduled if the probation agent decides to revoke the defendant’s probation. The administrative law judge will apply Wisconsin drug sentencing standards to assess whether there are reasons to revoke probation or if the offender should be allowed to complete their sentence. The judge had either imposed and stayed a sentence or had delayed it.

After Probation Revocation, Sentencing:

If the judge does not impose a punishment, the judge will review the case and set a new sentence on the offender. Keep in mind that the court has the authority to impose the highest penalty for the offense committed by the defendant. If, on the other hand, the defendant’s sentence was deferred for probation during the initial sentencing hearing, the defendant must serve that time. If, for example, the judge sentenced the defendant to 9 months in prison with two years of probation imposed and stayed, and the probation is revoked, the court must punish the defendant to 9 months in jail. When choosing the proper sentence, the judge has no discretion.

With so much at stake, a defendant needs to have an experienced attorney at their side at all times. Whether you’ve been convicted of petty assault or a first offense OWI, having an advocate on your side is crucial for getting your sentence reduced as much as possible. For assistance with these intricate procedures, contact a top criminal defense lawyer like Hart Powell, S.C, in Wisconsin here at https://www.kohlerandhart.com/.

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