Legal Question in Criminal Law in Wisconsin

Voluntarily revocating probation

I was charged with 2 misdemeanor drug charges and one felony drug charge. I have been offered a plea deal for 2 years probation and the felony reduced to a misdemeanor.

Therefore, I would be found guilty of 3 misdemeanor drug charges and have to face 2 years probation if I took this deal.

My question is, instead of 2 years probation, could I request jail time instead?

I feel I am not a good candidate for probation and would rather just serve the time. How long of a sentence could I likely expect? Would it be a year or less in county jail as all 3 charges are misdemeanors? Or would I be forced to serve time for the original charges as I decided to take the jail time in lieu of probation?

Thanks for any and all help or advice.


Asked on 12/20/08, 5:24 am

1 Answer from Attorneys
Jeffrey Murrell Law Office of Jeffrey L. Murrell

Re: Voluntarily revocating probation

You could accept the offer, be placed on the probation by the judge, then voluntarily revoke yourself afterwards with your probation officer. Depending on whether or not the judge at sentencing specifically states the amount of time you must serve if probation is revoked, you would either then go directly into the Wisconsin prison system for up to two years (or the amount of time stated by the Court at sentencing), or you would have to come back before the judge to find out how much time the judge might decide you should spend in prison. With misdemeanor convictions, "good time" is still calculated/applied, and you would end up only doing about 2/3 (more or less) of the total time stated by the Court (if you're good in prison and follow all the rules).

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Answered on 12/28/08, 10:02 am


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