Revocation of Your Supervision in Wisconsin
In our last post in our series about Probation, Parole and Extended Supervision in Wisconsin, we talked about early discharge from Department of Corrections Probation. Today, we’re going to talk about a serious matter on the opposite side of that spectrum: revocation of your supervision in Wisconsin. Not knowing the risks of this hearing or having the proper representation to build your best case could result in your return to prison.
Typically the first step after a rule violation is an investigation conducted by your agent, the duration of which you’ll likely spend in custody. But by law, this can last no longer than 50 days. After that, you’ll receive documentation with specific allegations and evidence surrounding your violation along with information about the next step: Your revocation hearing.
This hearing is different from others because, instead of requiring proof beyond a reasonable doubt, your Department of Corrections agent only has to show that you probably violated the terms of your supervision. Evidence rules are also different.
An attorney who understands this proceeding well can help you determine if it’s in your best interest to testify, as anything you say can be used against you in a future hearing. Plus, the judge can make his or her consideration based solely on evidence (without giving weight to the testimonies of you or your agent).
Based on the structure of your original sentence and supervision, the court will either decide to impose your original sentence, sending you to the correctional facility, or withhold the sentence, sending you to court for a sentence to be imposed at that time. If you have already served your original prison time or are out on parole, you could still be ordered to return to jail/prison. You will be notified of the judge’s decision in writing within 10 days of the hearing’s conclusion.
If you’re facing revocation of your supervision, the experienced legal counsel of Huppertz & Powers, S.C., can examine every angle of your agent’s allegations along with the positive aspects of your supervision to build the best possible defense.