Can you be revoked if there is no charge?

My boyfriend cashed a fraud check (he did not know it was fraud). It was worth $5,000. His probation officer scheduled a revocation hearing, she said this was a violation to his probation. He is not being charged for this check because he did not receive any money from it because the bank held it. Will he get jail time because of this? Or could his lawyer ask for an ATR (alternative to revocation). I am pregnant with his child and would love for the revocation to be dropped or he get an ATR.

Asked on July 24, 2012 under Criminal Law, Wisconsin

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

While on probation, you are not supposed to come into contact with law enforcement or the criminal justice system period, regardless of whether or not you have been criminally charged for the new offenses. However, because at this point these are all just allegations, most Judges will not actually revoke a probation or issue jail time unless there is more corroborating evidence showing your boyfriend actually committed a crime in this act.


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