i been on probation since 2001 im suppose to get off 2009 of Dec but i picked up a new charge a misd A. my probation is withheld sentence of 16 yrs. D

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i been on probation since 2001 im suppose to get off 2009 of Dec but i picked up a new charge a misd A. my probation is withheld sentence of 16 yrs. D

Does that automatically means i get revocated and can they take my street time? im in kenosha wisconsin

Asked on May 1, 2009 under Criminal Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It's probably going to be up to your probation officer, at the very first level, to decide whether to have you brought in for violating parole.  So it is probably a good idea to be as honest and cooperative with your probation officer as possible;  if he or she asks you about the new offense, don't try to talk your way around it, just tell the truth.  Depending on the terms of your probation, the fact of the charge may not be a violation until you are convicted.

If you are brought in for violating probation, there are several different things that might affect what happens, and you need to talk to your attorney about this.

It is also possible that your attorney could help you avoid having the violation proceedings started, so it makes sense to talk to him or her as soon as possible, since you will need to defend the new charge anyway.  If you need to find a lawyer, you can do that at http://attorneypages.com


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