Answers to Your Questions About Probation in Wisconsin

Many first-time offenders and those convicted of lower level crimes hope that they can receive probation rather than jail time. But what exactly does being on probation mean? What rules must you adhere to? And how should you view being on probation? Understanding the answers can help you avoid further problems related to your conviction and even keep you out of jail. Here's what you need to know.

What Is Probation?

Probation is an agreement between a convicted person and the court to allow supervision by a designated correctional department rather than serving the time in a facility. It is often referred to as community supervision, as the person can remain in the community at large but is supervised by a representative of this community (usually a correctional officer). 

In Wisconsin, as in many states, a person may be sentenced to probation instead of jail time or in addition to it (such as in the form of parole after serving time in a facility). Incarceration is therefore probated, or suspended. If granted in lieu of jail time, the probation may be done in place of a stayed sentence — which could be reimposed — or the actual sentence may be executed if probation fails.

How Long Is Probation?

The amount of time you would be on probation depends on the crime and its sentence according to state rules. Generally, Wisconsin probation periods are between 6 and 36 months. The schedule of minimum and maximum periods may be available in state law, and it coincides with minimum and maximum sentences for general crimes as well as special cases. 

A person in Wisconsin may be eligible for early termination of their probation after serving at least half of their designated probation period. This depends on how well the convicted person abides by the rules of their particular probation.

What Are the Rules of Probation?

Generally, most probation orders have a few things in common and a few unique rules. Wisconsin requires that most persons on parole pay supervisory fees, for example. You may also be ordered to pay restitution, which is to compensate victims who suffered economic loss due to your crimes. You will be required to meet regularly with the agent assigned as a supervisor. You will also be subject to random home visits by your agent, as well as random drug and alcohol testing.

Beyond these standard features of probation, the judge may also impose conditions related specifically to what a person has been convicted of. If the offense is related to drug or alcohol abuse, for example, the offender may have to complete a rehabilitation or deterrence course. You may also be ordered to avoid certain people or situations that were involved in the original offense. 

Community service is a common feature of many probation sentences. Community service is considered a form of restitution for the community as a whole. The judge may order a particular type of community service (often related in some way to the crime, such as cleaning up vandalism), or it may be drawn from a broad pool of options. 

How Serious Is Probation?

Probation should never be taken lightly. It is, in many cases, a privilege granted by the court system in order to deter repeat offenses without creating an undue burden for lower level offenses. Just because you're not in a correctional facility doesn't mean you don't have to diligently follow the rules. Only by adhering to the details of your particular probation will you stay out of jail.

Failure to meet regularly, to complete your assigned tasks, or to avoid prohibited activities could quickly send you back to court. If your sentence was withheld or stayed, it could be imposed or re-imposed. And some of your time under probation may not count toward your new sentencing arrangements. You may also be subject to additional fines and penalties or stricter probation terms as well. If you are being investigated for a probation violation, you will likely be put in jail while your case is investigated by your agent. You will not be able to go to school or work.

Where Can You Learn More About Probation?

The more you understand about probation, the better prepared you are to see how it can help your situation. And you'll have the ability to complete yours in a way that keeps you out of trouble. The agent assigned in a supervisory role has significant discretion to oversee the execution of court-ordered probation terms, so it's vital that you understand clearly what he or she expects you to do or not do. 

An experienced Wisconsin attorney is your ally in ensuring the smoothest probation period possible. They can help you learn what you need to know and translate the rules into real-life situations. They may also be able to help an inexperienced individual navigate the challenge of meeting with their agent, requesting financial relief from fees, or asking for things like travel permits. 

Cohen Law Offices has aided Wisconsin residents in finding the best possible resolution for their criminal cases for nearly 30 years. We can help you no matter what stage of a case you're in. Call today to speak with a member of our defense team.