Legal Question in Criminal Law in Wisconsin

Hear say

Can a probation officer send someone that is on probation back to prison due to hear say but no real evidence? Also, does the probation officer have to show the criminal the evidence that is getting them sent back to prison?


Asked on 2/08/05, 3:35 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Re: Hearsay in Probation Revocation Hearings

The short answers to your questions are "yes" and "yes." Probation and parole officers have godlike powers over probationers and parolees and can indeed send them to prison for minor infractions. Although confrontation rights exist at probation hearings, they are more limited than they are at a trial prior to probation. All allegations forming the basis for a revocation attempt must generally be made known to the probationer during a revocation hearing. A good lawyer, however, can often come up with alternatives to revocation short of imprisonment such as drug and alcohol treatment, halfway houses, or other forms of counseling and present them at the revocation hearing. Technical legal attacks against the revocation charges can also sometimes succeed. Good luck!

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Answered on 2/08/05, 7:44 pm


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