Probation and extended supervision both involve community supervision, one occurs after completing a prison sentence while the other is an alternative to incarceration.
Violating the terms of extended supervision or probation can have significant consequences, including serving time behind bars.
Probation Occurs in Lieu of Confinement
In certain circumstances, a sentence includes a period of community supervision instead of jail or prison. Probation is often part of a plea agreement that the defense counsel negotiates with prosecutors. When a sentence is withheld, the court places the person in the custody of the Department of Corrections (DOC). In other situations, the court sentences the defendant to a specific term, but the term is “stayed” and not carried out. The individual is placed under the supervision of the DOC.
Someone on probation may receive an early discharge if they have served at least half of their term and have satisfied all financial obligations to the victim and the court, among other criteria.
Extended Supervision Follows a Prison Sentence
Probation is community supervision instead of a prison sentence; extended supervision is ordered to be completed after the individual serves time behind bars. The judge determines the length of extended supervision at sentencing. This is called a bifurcated sentence. Individuals are also placed on extended supervision after reaching their mandatory release date.
Common Conditions of Probation or Extended Supervision
The court places conditions that must be met while under community supervision. These stipulations cannot be changed by the extended supervision or probation agent assigned to the case.
Common conditions of probation or extended supervision include the following:
- Report to your agent as directed
- No new criminal offenses
- Participate in drug or alcohol counseling
- Submit to Regular drug testing
- Attend family counseling
- Enroll in school
- Obtain employment
- Comply with curfew
- Perform community service
- Pay restitution to the victim
- Pay supervision fees
- Pay fines, court costs, and attorney fees
- No travel abroad
Anyone on extended supervision or probation must get permission before traveling outside of Wisconsin or moving to another state. The agent will make home visits to familiarize themselves with the environment and others living in the home.
Consequences for Violating Probation or Extended Supervision
If a requirement of probation or extended supervision is allegedly breached, the agent conducts an investigation. The accused can be jailed during the probe. Serious violations can lead to having probation or extended supervision revoked. The offender either returns to a correctional institution to complete their sentence or returns to court for sentencing. Minor violations may result in formal or informal counseling sessions about the importance of compliance or a warning that any further violations may result in revocation. The probation or extended supervision period may be extended. Other Alternatives to Revocation (ATRs) must be considered before rescinding community supervision.
If violations are related to a new criminal charge, additional penalties will be applied to a guilty verdict.
Fight Revocation of Probation or Extended supervision with Skilled Legal Counsel
The rules governing probation and extended supervision are strict. If you are accused of violating the conditions of your community supervision, you can be sent to jail or prison.
Attorney Cherella has targeted experience helping people fight violation accusations. We will look at the totality of the case. Depending on the circumstances, our team will dispute the validity of the allegation in an effort to have the issue dropped completely. When that is not possible, we will fight for our client to receive an ATR and stay out of jail or prison.
Accused of extended supervision or probation violations? Call Attorney Cherella. He is available 24/7 to provide legal advice and support. Call (414) 882-8382 to schedule a consultation. You can also reach him by completing our online form.