Hi, I have a question concerning my probation.
I was sentenced to 18 months probation in August of 2012. I have no current charge, and in good standing with my conditions but I'm just having a hard time with dealing with someone over my shoulder constantly.
My question is can I revoke myself for the remainder of my sentence? And if so does the time I've spent on probation count towards my sentence if I do so.
I was detained in jail for 90 days until the sentencing which I was given credit for, and the conditions placed were AODA and Anger Management, I've completed one. Also the sentence I was given was with held. I'm just curious if the state of Wi will give me credit for the time I have spent on probation.
Criminal Defense Attorney
Yes, you can choose to revoke your probation whenever you want. Probation is viewed by the courts as a privilege rather than a right, and you are certainly under no obligation to serve it. Generally speaking, if you talk to your agent and explain this, they'll revoke you on the spot and put you in the nearest correctional institution, meaning that you'll be going into custody immediately until the paperwork can be drafted and filed and you can sign it waiving your revocation hearing. The Revocation Order and Warrant officially announcing your revocation might take a few weeks to get filed, but you'll get custody credit for the time you sit until it does. At that point, depending on what kind of sentence it is, you'll either go back before the judge, stay where you're at, or get moved to another institution. However, the time you spent out of custody doesn't count toward your sentence at all; you only receive sentence credit for any time you spent in custody towards the case you're on probation for, be it prior to your initial conviction, any holds placed on you during probation, or any time you sit until going back to court for sentencing after revocation, if applicable.
The one thing I'd caution you about is this: you mentioned in the comment to another answer here that you had a withheld sentence rather than an imposed and stayed sentence. Therefore, if you revoke yourself, you'll go back before the sentencing court and have the judge sentence you to anything up to the maximum sentence for the crime or crimes that you were initially convicted of. However, unlike imposed and stayed sentences -- where you just serve the remaining time on whatever was hung over your head -- the Court can and often will consider your behavior on probation in fashioning your sentence. So, really, if you're going to do this, I'd start working on your best explanation to the judge as to why you can't handle probation, because to most judges I've appeared before saying "I'm having a hard time dealing with someone over my shoulder constantly" is going to be heard as "I want to commit crimes and do bad things, but I don't want to get caught for them." I understand that that's not what you mean when you say that, but that's likely how it will come across, and it's likely to make the judge want to throw the book at you. Honestly, it may not hurt to hire counsel to have in your corner through the process so he or she can translate your thoughts into a format that can appease the judge.
Criminal Defense Attorney
You need to consult with a criminal defense attorney to advise you on this matter. Don't take any actions until you receive advice on the consequences of your question and exactly what a revocation of your probation entails.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
You can always self-revoke, but aside from any conditional jail you may have served, you do not receive credit for time spent on probation, and face incarceration for the maximum on whatever charge or charges you are on probation for.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Criminal Defense Attorney
It is possible to "self-revoke." You can do so by notifying the court in writing that you wish to do so. (You do not need to commit a probation violation.) If the judge imposed and stayed a sentence (told you what sentence you would serve if you were revoked), then you would automatically have to serve that sentence. Usually you would not even have to go back to court.
If the judge withheld a sentence (did not tell you what sentence you would serve if you were revoked), then you would have to go before the judge again to have a sentence imposed. If that is the case, then you should think very carefully about whether your rejection of probation would make the judge impose a harsher sentence. Generally speaking, I would not recommend self-revoking in that situation.
If you have served any jail time, then you would generally receive credit for that time towards your new sentence.
Many people will tell you that you should never self-revoke, but I've had clients who completely understand the impositions that probation places on you, completely understand the sentence they'll have to serve if they self-revoke, and make a knowing and intelligent decision to do so.