Legal Question in Criminal Law in Wisconsin

Probation Revocation

On Feb. 7th, 2008 my fiance's probation was revocated on pure allegations. They also knew it was on methadone and instead of putting him into a treatment facility, they put him into jail. While he was withdrawling, they had him sign the revocation papers and admit to something he did not do. Can they do that if you are sick like that?


Asked on 3/06/08, 2:11 pm

1 Answer from Attorneys
Sean Sweeney Tosa Law Office

Re: Probation Revocation

The standard is very low for revocation Hearings. It is a preponderance of the evidence standard, so if the ALJ felt it was more likely than not that it occurred, then they can revoke. As to whether he was of a proper state of mind to be competent to agree to the revocation, I have no idea. My gut tells me that if you tried to appeal on the grounds that being in withdrawal caused him to be incompetent, I doubt you would win. However, feel free to consult with an attorney and give a full accounting of the facts and maybe the analysis would be different.

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Answered on 3/07/08, 10:59 am


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