Could You Have Your Probation Revoked?

What is Probation Revocation - Carlos Gamino
Courtroom, Judge, male judge in black mirror background

By Carlos Gamino

A probation agent could revoke your probation—the process is known as probation revocation—and send you straight to jail.

So what is probation revocation, and how can you fight back if your agent wants to take your freedom?

First things first: You should talk to a probation revocation lawyer in Milwaukee or Waukesha if you think you’re in trouble.

What is Probation Revocation?

The state of Wisconsin allows probation agents to petition the court to revoke your probation and send you back to jail for violating the conditions of your supervision.

If that happens, you have the right to have an attorney defend you. However, the court doesn’t need to hold a preliminary hearing to determine whether you violated a rule or condition of your supervision if:

  • You waive your right to the hearing in writing
  • You have signed a written statement admitting a violation
  • You’re incarcerated for a separate matter
  • There has been a finding of probably cause for the same (or similar) conduct by a court in another state

Probation Revocation: Not Like a Criminal Case

In order to revoke your probation, the standard of proof required at your hearing isn’t the same as it is in an ordinary criminal matter. Your probation agent doesn’t need to prove anything “beyond a reasonable doubt,” which means that he or she only needs sufficient evidence that you probably violated the conditions of your probation. Further, the probation evidence can use hearsay—something he or she heard, out of court, to back up his or her allegation.

What if You’re Threatened With Probation Revocation?

For most people threatened with probation revocation, the best idea is to get in touch with a lawyer immediately. The consequences can be severe and immediate, so it’s probably in your best interest to talk to an attorney who can defend you and help preserve your rights by calling 414-383-6700 or 262-650-6700 for a free probation violation case evaluation as soon as possible.

Carlos Gamino