Legal Question in Criminal Law in Wisconsin
revocation
What legal rights does a person who is
having their probation revocked have.
Is a public defender the appropriate
person to present their case, or would a
private attorney give better representation.
1 Answer from Attorneys
Probation Revocation
Probationers and parolees who are being revoked still have limited due process rights to force the government to prove the violation and to have the decision to revoke (as opposed to alternatives to revocation) reviewed by an administrative law judge. Seasoned Public Defenders are generally the most experienced criminal attorneys available and are therefore capable of providing the highest possible quality of representation available in all types of cases including revocations. Heavy case loads, however, sometimes make it more difficult for Public Defenders to spend as much time answering client questions and providing explanations to clients and their families than private attorneys. Private attorneys also sometimes have more resources and other tools available to them than do public defenders. Those who can afford them therefore frequently opt for private attorneys (who, ironically, will often proceed to call a public defender for advice).
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