Understanding the Basics of Probation and Extended Supervision Revocations

Probation and extended supervision are common criminal justice mechanisms in the United States. When a person is convicted of a crime, a court may order probation or extended supervision as an alternative to prison time. If you’re facing probation or extended supervision revocation, or have a loved one who is doing so, you probably have a lot of questions. Here at Fenton Law Office in Milwaukee, we help people just like you navigate probation and extended supervision revocations with expert legal services. Click here to learn more about what we do and how we can help you and keep reading for answers to your questions.

What is probation?

Probation is a legal process that allows individuals to avoid serving time in prison by being placed under court-ordered supervision. During the probation period, offenders must abide by certain conditions, such as attending court-ordered counseling or treatment programs, participating in community service, or complying with drug tests, among others. Compliance with these terms is critical, as failure to adhere to these requirements may result in revocation of probation, and the offender may have to serve the remaining time of their sentence in jail or prison.

Probation can be imposed in lieu of jail time for non-violent, low-risk offenders or given as an early release from jail. The fundamental objective of probation is to provide offenders with the chance to improve and integrate back into society while avoiding future criminal activities.

Probation offers provisions that are used to informally deal with offenders’ activities. Probation officers might make unannounced visits to offenders’ homes to ensure that they’re following the terms and conditions enforced on them. For those on probation, it is essential to comply fully with the terms of their probation to avoid a probation revocation. Failure to observe any term may lead to revocation, which is a grave matter.

What is extended supervision?

Extended supervision is a sentence that is reserved for severe or lengthy criminal offenses. It is similar to probation but is more stringent in terms of conditions. The behavior of offenders is closely monitored by the authorities, and GPS software tracks their whereabouts, while the offender is required to adhere to strict curfews.

Offenders on extended supervision are obligated to adhere to specific terms and requirements, which may include undergoing counseling or treatment, periodic check-ins, drug and alcohol tests, and other conditions. If an offender fails to comply with any of these requirements, the consequences may include an extension of the sentence or even revocation of supervision.

The intent of extended supervision is to provide both support and supervision to the offender to ensure their re-entry into society is successful. This support can take various forms, such as family counseling, job placement assistance, and other support tools.

Granting extended supervision as a substitution for incarceration or early release from prison is reserved for those who show remorse and have made significant progress in addressing the root cause of their crime, as determined by the supervising authorities.

What does “revocation” mean when it comes to probation and extended supervision?

When a person on probation or extended supervision violates the conditions of their supervision, the court can issue a revocation order. This is a serious matter and can result in the offender being sent to prison.

Understanding the legal process involved in probation and extended supervision revocations can be a challenge. It is important to have a skilled criminal defense attorney on your side to guide you through the process and protect your rights.

One of the first steps in the revocation process is the issuance of a revocation summons. This is a legal document that notifies the offender of the alleged violations and the consequences of those violations. A revocation hearing is then scheduled to determine whether the offender has violated the terms of their supervision.

At the revocation hearing, the offender has the opportunity to present evidence and argue their case. The judge will consider the evidence and make a determination regarding whether the violations occurred and whether revocation is warranted.

If revocation is ordered, the offender may be taken into custody and sent to prison. However, there may be other options available, such as alternative sanctions or a modification of the conditions of supervision.

It is important to note that defendants in probation or extended supervision revocation cases have the same constitutional rights as in any other criminal case. This includes the right to an attorney, the right to a fair and impartial judge, and the right to present evidence in their defense.

Expert legal support for your probation or extended supervision revocation.

If you or a loved one is facing probation or extended supervision revocation, it is important to contact an experienced criminal defense attorney. A skilled attorney can help guide you through the legal process, protect your rights, and work to achieve the best possible outcome for your case.

At Fenton Law Office, we have extensive experience representing clients in probation and extended supervision revocation cases. We understand the complexity of these cases and are committed to protecting the rights of our clients. Our team of experienced criminal defense attorneys will work tirelessly to achieve the best possible result for your case.

If you are facing a probation or extended supervision revocation in Milwaukee, don’t wait – contact Fenton Law Office today to schedule a consultation and discuss your case with me, Attorney Jay Fenton. I and my team are here to help you navigate this challenging legal process and ensure that your rights are protected.