Legal Question in Criminal Law in Wisconsin
probation revocation
I'm currently on probation for a felony and the PO pulled up my records from before I became an adult that where supposed to be sealed. so I'm concidering revocating myself. I would like to know what is the most time I would have to sit in Jail/prison if I were to revocate myself.
1 Answer from Attorneys
Probation Revocation Voluntary, Juvenile Records
Confidential juvenile records are withheld from general public access, but never from access by law enforcement officers doing their job. At any felony sentencing, all of one's juvenile records usually are considered. If a person on probation is revoked, he or she faces the possibility of the maximum penalty available for the sentencing offence, less time served, depending upon how the sentence was structured. The judge has two options in sentencing; one being to leave the sentence open to be decided by the judge following revocation, and the other a fixed sentence which is "imposed and stayed." Imposed and stayed sentences mean that the person who is revoked never goes back in front of the judge--just goes straight to jail for the predetermined length of time (less time served) following revocation. The concept of "time served" is complex and can sometimes involve credit for things other than jail such as in patient drug/alcohol treatment and certain amounts of "street time." Any lawyer would need to research the details of your sentence in order to advise you on the exact amount of time which remains on your sentence.
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