Probation, Parole & Supervision Violations

A probation, parole, or extended-supervision violation is not a new criminal case — but the consequences can exceed those of the original conviction. The rules of evidence are relaxed, the burden is lower, and the judge (or administrative law judge) has enormous discretion. These are cases where careful preparation and a credible compliance narrative often matter more than legal argument.

Supervision violations we defend

• Probation violations — both technical (missed appointments, positive tests, curfew violations) and substantive (new arrests, new charges, new conduct).
• Extended-supervision violations (Wis. Stat. § 302.113) — triggered by conduct during the supervised portion of a bifurcated sentence.
• Parole violations for older sentences still in the parole system.
• Deferred-prosecution or first-offender-program failures — where the stakes of "washing out" include the original charge coming back.
• Absconding allegations — where the State claims you have gone off-supervision.
• Revocation hearings before an Administrative Law Judge with the Department of Hearings and Appeals.
• Reconfinement hearings and sentencing after revocation in circuit court.

What makes these proceedings different

• Lower burden of proof. The State needs only a preponderance of the evidence — not "beyond a reasonable doubt."
• Relaxed evidence rules. Hearsay is often admissible. Many of the protections you had at the original trial do not apply.
• Administrative forum. Revocation hearings are handled by an ALJ, not a circuit court judge. The culture and expectations are different.
• Reconfinement math. A revoked extended supervision sentence can send you back to prison for most or all of the time you had left — often on a schedule set by the judge who originally sentenced you.
• Alternatives to revocation (ATR). Many violations can resolve through short jail sanctions, treatment placement, or intensive programming — without full revocation — if the defense makes a credible case.

Defense strategies

Building the compliance record

The single most effective thing in a revocation case is a credible, documented plan — completed treatment, current employment, housing stability, sponsor letters, sobriety verification. We help you assemble that record before the hearing, not at the podium.

Attacking the technical violation

Technical violations often rest on agent notes, drug-test results, or curfew logs that may be inaccurate, incomplete, or not actually attributable to the client. Many "violations" dissolve under scrutiny.

Constitutional challenges

Even with relaxed rules, due process still applies. You have a right to notice of the violation, to confront evidence, and to be heard. When agents or officers cut corners, we push back.

Alternatives to Revocation (ATR) advocacy

ATRs require the agent, the supervisor, and often the ALJ to agree on a path short of revocation. Presenting the case for an ATR — with treatment resources lined up, employer letters, and a concrete structure — is its own craft.

Reconfinement minimization

If revocation is unavoidable, the battle becomes how much time. A well-prepared reconfinement hearing — with a sentencing-style mitigation file — often saves months or years.

If your agent has asked you to come in

A "come in and we'll talk about it" meeting is often the first step toward a revocation. Agents are not your friends in that conversation. You have a right to counsel for revocation proceedings. Call before the meeting, not after.