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How long can a person be held on a probation hold.

Oconto, WI |

He is on probation for 9 months with two left to go. All fees and fines paid, and was stoped for speeding 25 over and was drinking .01 breath test and 19 yrs. old. So he got his 3rd under age drinking. The jail tells me there only holding him on a probation hold. Its been six days with no word.

Attorney Answers 2


  1. The answer will probably depend on how many days a month the probation cases are heard by the judge. Here in NJ, the VOP days are set once a month. Have his lawyer check with the court that put him on probation and they should be able to tell the lawyer the date. Good luck.

    Disclaimer
    This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.


  2. That last answer will be unhelpful to you. The reality is that a person in Wisconsin can be held for months on a probation hold. If this person is being revoked, he will be held in jail until the hearing. There is essentially no enforceable time limit in which the hearing must be held. Typically, when a person is being held while the probation department is investigating allegations, a decision as to whether or not to revoke will be made within a matter of days. At the six day point, I would suspect the department of corrections has at least taken a statement from your friend. The better approach is to contact the probation agent to see what he or she is thinking about this matter. If you call that person though, be careful not to talk about the details of the violations if you have any inside knowledge into what occured. I do a considerable amount of probation revocation work, so if you would like to call I would be happy to answer any questions.

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