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Wisconsin Parole, Probation, Work Release & Community Service All information & questions relating to parole, probation, work release or community service in Wisconsin should be posted here.

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  #1  
Old 11-07-2014, 12:29 AM
flip870 flip870 is offline
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Default Absconding probation

my friend got caught doing for a felony fleeing and eluding and got revoked from his 30 month probation from milwaukee wi and got put on more probation in green bay wi i was wondering if he would get time credit for condition time he sat fightin his case and revocation at the same time he did 209 days jail time and signed off accepting revocation after he got done with his case and did the rest of his revocation for 2 more months in milwaukee 7 months in green bay which was a total of 9 months jail time for getting revoked for a take and go with out owners consent felony charge i was wondering if that time in green bay will be counted to his revocation he has a stayed imposed sentence of 18 months prison time and he is abscounding from probation could he also get a atr if hes lucky? he ran for wantin to be questioned for a case and was never charged also if that helps but case is closed now. what will happen?


Charge Detail
The Defendant was charged with the following offense:
Count No.
Statute Cite
Description
Severity
Offense Date
Plea
1
346.04(3)
Vehicle Operator Flee/Elude Officer
Felony I
08-14-2010
No Contest on 12-17-2010

On 12-17-2010 there was a finding of:
Action
Court Official
Guilty Due to No Contest Plea
Bischel, Sue E.

On 03-11-2011 the following was ordered:
Sentence
Time
Begin Date
Notes
State Prison - Imposed and Stayed
1 Years, 6 Months
Def. is eligible for CIP and ERP, Concurrent with current sentence
Extended Supervision
2 Years
Probation, Sent Imposed
30 Months

Condition
Time
Notes
Jail time
209 Days
Fine
Other
No possession of any weapons
AODA assessment and completion of any recommended treatment
Participate and cooperate with a mental health evaluation and any recommended treatment
Complete sobriety and abstinence from all illegal drugs and alcohol
Intermittent court reviews if needed
Random drug testing
Fulltime employment
Monthly payments towards both court obligations and DOC supervision fees
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  #2  
Old 01-04-2015, 03:07 PM
cm76 cm76 is offline
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Default

I honestly don't know how to make all that math work. But the reason for the absconding wont matter.
Revocation is a kangaroo court, meaning they don't have to prove anything.
Suspicion or hearsay is enough alone.
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  #3  
Old 02-18-2015, 02:37 AM
girlygearheard's Avatar
girlygearheard girlygearheard is offline
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Default

The agent does not have to credit "condition time" as it is ordered as a condition/term of being granted probation in lieu of prison a few do but most agents do not. As far as the time he sat fighting the other case goes...that all depends on if his sentences are consecutive (one doesnt start til the other is finished) or concurrent (they both are served at the same time). This info would be on CCAP for each of these cases.

Revocation proceedings are not actually "court" at all. They call it a hearing but its not what we tend to think of when we hear that term. They are overseen by an Admin. Law Judge which is really just an Attorney who has been certified to do these proceedings. The DOC doesn't have to prove things per se they just have to show that you likely violated your rules and that going to prison is in the best interest of the community. No rhyme or reason to who gets revoked and who doesn't. It's a crap shoot but hey when you are talking about the possibility of your freedom being taken it's worth the fight in my opinion. Too many don't bother and just sign their papers, screw that make them do their job!

Also just a side note: if you are on SSI/SSD and win your hearing, you will be paid for the months you spent fighting your revocation
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