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

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316 N. Milwaukee St., #535
Milwaukee, WI 53202
Phone: (414)283-9300
Fax: (414)283-9400
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Petition for Writ of Certiorari in State Circuit Court


After a person's extended supervision, probation, or parole has been revoked by an Administrative Law Judge after a hearing, the next step is to file an appeal to the Administrator of the Division of Hearings and Appeals. This appeal is usually handled by the same attorney who handled the hearing, but we also handle these types of appeals as well. If the Administrator denies the appeal, the next step is to file a petition for writ of certiorari in the circuit court.

A petition for writ of certiorari asks the circuit court to review the decision of both the Administrative Law Judge and the Administrator. The petition is due 45 days after the Administrator's decision. This deadline cannot be extended, so it is important to hire an attorney as soon as possible. The circuit court's review of the revocation proceedings is limited to the record (all of the paperwork admitted at the hearing) and determines only whether the Administrative Law Judge's decision was arbitrary, capricious, or contrary to law. If there is a problem that requires the court to consider information outside the record, then the proper proceeding is a petition for writ of habeas corpus.

Certiorari also can be used to challenge the imposition of prison discipline, the denial of release on parole, and many other administrative decisions affecting prisoners and those under supervision.
 
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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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