In WI how long can a person be held on a probation hold before charges are filed or before he can see an attorney?

Asked 4 months ago - Green Bay, WI

He has not been given any written explanation. He has not been given an opportunity to consult an attorney. Why is his PO allowed to hold him without charges for two weeks? If he gets revoked he will lose everything. I need to find him an attorney, right? Can I call his PO to inquire? This doesn't seem legal to me!!

Attorney answers (3)

  1. Stephen Walter Sawyer

    Contributor Level 13

    1

    Lawyer agrees

    Answered . If this person who is on a probation hold is still in custody, he should call the State Public Defender's Office. The jail usually has a phone that can be used for this purpose. If he has been taken into custody on a hold, the agent has 50 days in which to have a final revocation hearing unless good cause is shown for any delay. Be aware, he is out on supervision with a PO as an alternative to being behind bars. If his PO has reason to believe that he is violating any of his rules of supervision, the PO can order him held in custody while the PO investigates the allegations. This is just one reason why being on probation isn't always the best alternative to incarceration.

    This communication is for the purposes of general advice only. This communication does not form any contractual... more
  2. Stephen P. Johnson

    Contributor Level 9

    Answered . Sometimes no charges are filed as it was a rule violation, not criminal. Holds used to be 5 days and reissued twice before revocation is figured out yes or no. He can see an attorney right away. Call the PDs office.

  3. Michael R. Pandullo

    Contributor Level 12

    Answered . I don't practice in WI but to give you some idea, in NV, when Parole and Probation arrests someone on an alleged probation violation, its an automatic 45 day hold. The PO can release the hold at any time, and realistically, cases headed to revocation hearings get there well before 45 days. But it is normal for a defendant to wait 2 or 3 weeks before a hearing. Get an attorney as soon as possible for the best chance at reinstatement. Good luck.

    I hope what I've written here helps you, but remember, this answer isn't legal advice and doesn't establish an... more

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