If you are arrested and convicted of a crime, you sometimes receive probation as part or all of your sentence. You should not confuse probation with freedom, though. If you violate the terms of probation, you may be taken into custody. This is called a probation hold.

What Is a Probation Hold?

A probation hold comes when you violate the terms of your probation. Depending on the circumstances, it may mean you need to report to jail, or you may be taken into custody where you are. In Wisconsin you are held for up to 15 business days, after which the Department of Corrections must decide whether to revoke your probation or release you.  

Why Does It Happen?

Your probation comes with terms for your release. These terms will include refraining from any other illegal conduct, reporting regularly to your probation officer, and reporting your visits with the probation officer. You need to take the rules seriously; any time you violate one of them, you risk being brought in on a probation hold.

How long you stay depends on a number of factors. Some violations may be deemed less severe than others, and your first violation may receive more leniency than later ones. You cannot be released on bond during a probation hold, and depending on the nature and severity of your violation, you may not be released at all.

What Relief Is Available?

If your probation is revoked, you may have options. A good defense attorney can help you negotiate with the probation officer to develop alternatives. This might include a treatment plan, counseling, additional monitoring, or other possibilities.

Working with an experienced Wisconsin attorney who knows the criminal system well makes a difference. If you have received a probation hold and need legal representation, contact Eisenberg Law Offices. We can work with you and your probation officer to reach the best outcome available.