I will assume your dilemma is addressed to the immediate question of whether you can get your friend released or not. The answer is probably not, as the most likely scenario is that his probation agent will put a hold on him, and he won't be getting out of jail until they decide what to do with him. If they decide to revoke him, he will sit until a revocation hearing or waiver of same, at which point what happens will depend upon the structure of his probation. Don't waste time or money posting bond on the new drunk driving charge until his probation problems are resolved.
This answer is provided for general information only. No legal advice can be given without a consult as to the... more
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
A second DUI in Wisconsin is a criminal charge. One of the standard rules for anyone on probation is to not violate any criminal law.
Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!
When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.
What exactly happens depends on your friend's probation crime, his probation history, and his probation officer. He may be revoked and face sentencing on his original crime, he may be put into treatment. He needs a lawyer, now.
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I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided.
There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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