KIRK OBEAR ATTORNEY AT LAW 610 Riverfront Drive Sheboygan, Wisconsin 920-395-2200
info@kirkobear.com
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HOW TO SUCCEED ON PROBATION
Several times a week we get calls
from people who are frustrated with the terms and conditions set by their Probation Agent/PO. For various
reasons they feel the rules are arbitrary, unfair, or too difficult to comply with. People want to
know if there is anything that can be done legally to address their problems with an agent of the DOC Probation and Parole
system, also known as Community Corrections.
The quick answer is, usually no- but to understand why, the following information is presented with the hope that you can
learn how to make probation work for you:
Probation
should be regarded as a privilege. It's normal to want to get on with your life and put your
legal troubles behind you. Probation is a great alternative to being in jail, but human nature makes people lose
perspective of this. It is easy to slip back into old habits, and the rules of probation quickly become a burden unless
you are willing to commit to turning over a new leaf.
When you commit a crime, you are seen as having a disregard for the safety and freedoms of others. The goal of government and law enforcement is to protect the safety and interests of the public.
The point of jail or prison is to remove offenders from the community to
maintain public safety.
If you are granted the opportunity to be on probation instead of being incarcerated, you
are lucky. You can return to a normal life sooner, as long as you continue to earn the privilege by following the rules.
But remember, you are still considered a risk to public safety and that is why DOC has the authority to make and enforce your
rules. Your Rules Where do your rules come
from? Community Corrections participated in your sentencing by preparing your PSI. Your agent
already knows extensive information about your background before you even meet, including your childhood, education, marriage
and family background, and criminal history.
The plan for your probation is custom-made by your agent. He or she will be looking for potential problems you
may have had in your past that contributed to your problems with the law. That usually includes people, places, and
things that are associated with troubles you have had. You may have no-contact orders to stay away from certain
people and other restrictions that are hard to live with. Just remember, the goal is for you to succeed in making positive
changes in your life. Your agent does not want you to be revoked.
Here are some basic principles
that the DOC is operating on: -A person on probation
still poses a risk to the community. -The assessment
of that risk is based on your history, background and continuing behavior. -Your
probation rules are directly related to your agent's assessment of your potential risk. -You
will be given the opportunity to gain more freedom by establishing a pattern of good behavior.
*Sex Offender Rules: It is now common for DOC to impose sex offender rules on anyone who has
anything in their history relating to sexual misconduct, even accusations that were dismissed, and even if the current
conviction has nothing to do with a sexual offense. This is an extra precaution to protect the public, especially children.
It may seem unfair but remember that public safety is the DOC priority: if you can't comply you aren't a candidate for probation
and could go to jail instead.
What the DOC considers important to your success on
probation: ► Stable employment ► Stable residence ► Alcohol/drug treatment ► Strong connections to family members and other mature people who will help control
offender behavior ► Cognitive/behavioral intervention ► Education -These
are the things DOC looks at when assessing your performance and risk on probation. If you make improvements in these
areas, you will earn more freedom. -In addition, it is important to be on time
to your appointments, to be respectful and considerate to your agent/PO, to accept the rules you are given
and follow them, and to maintain a positive outlook. -Showing success in
these areas will go a long way toward establishing a good working relationship with your Probation Agent/ PO and will
earn you more freedom to do the things you want to do.
Do not: miss appointments, violate no contact orders, try to get away
with rule violations, or slip up on drug and alcohol prohibitions while on probation, or you will face revocation!
Your Probation Agent is your ticket to freedom, so fighting your rules and complaining will not get you anywhere. Try
to focus on the positive aspects of the freedom you do have, make improvements in your life, and above all, stay out of trouble
and follow your rules.
Probation Revocation If you are suspected of violating the terms of your probation, you may be taken into custody. If you have not
already consulted a defense attorney, it is important to do so now. Probation revocations are as serious as any
other criminal charges, and you will need an attorney present at your hearing if you want the best chance of staying out of
jail.
WISCONSIN DOC OPERATIONS MANUAL
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