Legal Question in Criminal Law in Wisconsin
If a person is revocated for a fight, sentenced, and then 8 months later it's proven it was self defense can they do another revocation hearing on just the other rule violations that were included in the first hearing, or would that be double jeopardy?
1 Answer from Attorneys
Yes, it may be difficult to win a probation revocation hearing based upon self-defense if there are also rules violations involved, since the rules violations alone are sufficient grounds for the revocation. For example, if you were not supposed to be drinking or in a bar under your rules of probation when you were attacked and needed to defend yourself, the fact that you were in the bar alone would be enough to support a revocation. This is equally true at either the first or the second hearing, if you can even get a second hearing. However, an experienced criminal lawyer could probably help you try to get an alternative to revocation in such a situation. You therefore need to immediately pose this quesiton to your own attorney. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only and may contain advertising materials. You are welcome to contact me during business hours at my in Racine if you still have questions. Read my past answers at http://www.lawguru.com/answers/search/attorney/jknixon or see me on the web at www.jayknixonlaw.com .
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