The Consequences of Violating Probation in Wisconsin

 Posted on January 30,2023 in Criminal Defense

Probation is a form of court-ordered supervision that allows individuals to serve their sentences outside of jail or prison. It's a privilege and an opportunity for the offender to prove that they can live a law-abiding life and reform themselves. However, it is important for individuals on probation to understand the legal process and consequences of violating probation in Wisconsin.

Understanding Probation in Wisconsin

Probation is a court-ordered supervision period, which is granted instead of a prison sentence or in addition to a shorter sentence. The conditions of probation can vary, but they often include regular check-ins with a probation officer, drug testing, and community service. The Department of Corrections supervises probation, and failure to comply with the conditions can result in revocation and incarceration.

Types of Probation Violations

When an individual on probation fails to comply with the conditions set by the court, it is considered a probation violation. There are two types of probation violations: technical and new criminal offenses. Technical violations are when an individual fails to comply with the conditions of probation but does not commit a new criminal offense. New criminal offenses are when an individual commits a new crime while on probation. Examples of probation violations include:

• Failing a drug test

• Not reporting to a probation officer

• Failing to pay fines or restitution

• Getting caught with an illegal weapon

• Going places you are prohibited from going

Consequences of Probation Violations

The court can revoke probation and order incarceration if an individual violates probation. The length of incarceration can vary depending on the severity of the violation and the individual's prior criminal history. The court can also impose additional conditions or restrictions on the individual's probation. Probation violations can also have a negative impact on future sentencing in case of any new criminal charges.

Defending Against Probation Violations

An experienced criminal defense attorney can help individuals facing probation violations by building a defense and challenging the evidence against them. Possible defense strategies include showing that the individual had a valid reason for the violation or that the violation was a mistake. Mitigating circumstances, such as substance abuse or mental health issues, can also be considered by the court. Additionally, an attorney can negotiate with the prosecution to come to a plea agreement, which may include reducing the charges or reducing the penalties.

It's important to keep in mind that the burden of proof is on the prosecution to prove that the individual violated their probation. Therefore, it is important for individuals facing probation violations to have an attorney who can challenge the evidence presented against them and build a strong defense.

Contact an Ozaukee County Criminal Law Attorney Today

A criminal conviction, even for a probation violation, can have serious consequences for your future. If you are facing probation violations, contact a Wisconsin defense lawyer with Bucher Law Group, LLC for experienced legal representation. Call 262-303-4916 for a free consultation.

Source: 

https://doc.wi.gov/Pages/AboutDOC/CommunityCorrections/GeneralInformation.aspx