Wisconsin Probation Revocation
(Including Extended Supervision & Parole)
In serving prior as a Probation and Parole Agent in multiple counties, the experience Attorney Gaetz brings forward is invaluable. As cited in Morrissey v. Brewer, 408 U.S. 471 (1972) at 480, "We begin with the proposition that the revocation of parole is not part of a criminal prosecution, and thus the full panoply of rights due a defendant in such a proceeding does not apply to parole revocations. Cf. Mempa v. Rhay, 389 U. S. 128 (1967). It is important to understand these differences in a process that already feels stacked against you. Attorney Gaetz is willing to handle revocation and sentencing matters throughout Wisconsin. The link below to frequently asked questions identify areas often questioned, but please reach out regarding a consultation to address case specific scenarios.
Revocation and Alternatives to Revocation:
Every rule violation does not result in automatic revocation, however, a single violation can be both a necessary and sufficient ground for revocation, State ex rel. Plotkin v. Dep’t of Health & Soc. Servs., 63 Wis.2d 535, 544, 217 N.W.2d 641 (1974), Wis. Admin. Code § HA 2.05(7)(b)3. The revocation hearing is a two-part process, sometimes three with Extended Supervision, regarding whether first it is determined an offender violated their rules, and second, whether revocation is necessary or if there are appropriate alternatives to revocation (ATR). Wis. Admin. Code § HA 2.05(7)(b)3. Attorney Gaetz has experience in providing viable alternatives to revocation based on his knowledge of the process and community resources.