Henak Law Office, S.C.
  Criminal Appeals, Post-Conviction Remedies, Federal Habeas Corpus

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Contact Us:
316 N. Milwaukee St., #535
Milwaukee, WI 53202
Phone: (414)283-9300
Fax: (414)283-9400
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Revocation Proceedings


A person on state supervision for either parole, probation, or extended supervision, is required to follow the rules of his or her Department of Corrections Agent. If the agent alleges that one or more of the rules was broken, the agent can start revocation proceedings to return the person to jail.

Often times, an agent will take the person into custody while investigating whether the rules were in fact broken. As part of the investigation, the agent will seek to obtain a statement from the person on supervision. If, as part of the rules of supervision, a person is required to give a statement, that statement cannot later be used against the person if criminal proceedings are started in circuit court.

Upon completion of the investigation, the agent will either start revocation proceedings (in which a hearing is scheduled before an Administrative Law Judge), offer the person on supervision an "Alternative to Revocation" (usually a program that must be completed in order to avoid revocation), or return the person to supervision.

If revocation proceedings are started, a hearing will be scheduled before an Administrative Law Judge. A person is entitled to counsel at a revocation hearing. Even if the a person has given a statement admitting to the allegations, a person can only be revoked if no alternatives to revocation exist. Revocation can only be ordered if (1) confinement is necessary to protect the public from further criminal activity by the offender; or (2) the offender is in need of correctional treatment which can most effectively be provided if he is confined; or (3) it would unduly depreciate the seriousness of the violation if probation were not revoked.

The attorneys at Henak Law Office, S.C., will review the agent's file, interview the client, interview any witnesses, and seek to resolve the matter with the agent short of a revocation hearing. Where appropriate, we will present the Administrative Law Judge with possible Alternatives to Revocation prior to the hearing. Should the Administrative Law Judge still order supervision revoked, the attorneys at Henak Law Office, S.C., can represent the person on appeal to the Administrator of the Division of Hearings and Appeals and, if necessary and as appropriate, to the state courts via a petition for a writ of certiorari or a writ of habeas corpus.

The attorneys at Henak Law Office, S.C., are available at any step of the revocation process, from the time when the investigation is first started to the time for filing an appeal to the circuit court. The attorneys are also available to review the case after the time for filing an appeal is over to help determine whether the revocation proceedings should be redone due to the ineffective assistance of revocation counsel.
 
Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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