It’s important to succeed on probation. How do you do it?
Succeeding on probation certainly sounds easy. Just follow the rules, right? As criminal defense attorneys, we’ve seen all kinds of reasons that offenders have failed probation, extended supervision, and parole. And unfortunately, in all of those cases, the probation officer alleged that the offender violated at least one of the rules of probation or committed a new crime.
But that’s not always the whole story. We’ve encountered difficult probation officers. We’ve heard of incompetent ones and angry ones. There was even a rumor that in Washington County, WI, one probation officer’s license plate spelled out “revoked.” Unfortunately, becoming a probation officer isn’t exceptionally difficult, which could result in you being assigned someone uneducated, unprofessional, and simply looking to make your life difficult. So, how do you succeed on probation? In this blog post we’ll break down a few common issues probationers face, and suggest how to best handle them.
Van Severen Law Office, S.C. is a criminal defense law firm with offices throughout Wisconsin. We represent individuals facing criminal charges and probation/extended supervision/parole revocations. These cases are serious, lack the same due process requirements of a criminal case, and can quickly result in the offender being locked up. Contact us at (414) 270-0202 and let’s figure out how we can help.
Establish a positive relationship with your probation officer.
Yes, we’ve heard horror stories about probation officers. They’re not cops, they’re not prosecutors, they’re not even attorneys, but they have the power to have you locked up. And unfortunately, like any profession or group of people, there are a few miserable ones. But that’s certainly not the case for the vast majority of probation officers.
It’s important to establish a positive relationship with your probation officer off the bat. Sometimes they’ll introduce themselves by asking you about your relevant conviction, or “what you did to get into this position.” This isn’t them making friendly conversation, but likely them trying to establish how much accountability you’ve taken for your actions, your conviction, or both. Even if you disagree with what happened, it’s important to keep a cool head and not pass any blame while discussing what happened. This is the case even if you’re in the middle of an appeal. None of those things have anything to do with the job your PO has to do, but will certainly have an impact on how they interact with you.
Be civil. Again, we know that some of these people are miserable. But miserable people sometimes look for reactions and enjoy getting others riled up. Say hello, answer questions completely, don’t be a jerk, do any assignments or work you’re assigned, and be on time. If you’re being baited into an argument, avoid it. Getting into an argument or being rude to your PO is just going to result in more difficulty in your life.
Follow the rules established by the court, and your probation officer, while on supervision.
At your first meeting with your probation officer you’ll be presented with various rules you’ll be required to follow. A large number of those rules are standard and apply to all offenders. Other rules are simply reflections of things the judge required you to do at sentencing. A quick example is completing anger management over the period of your probation. And finally, certain probation rules are drafted by your probation officer.
If you’re revoked, it will be due to not following these rules or committing a new crime. Unfortunately, Wisconsin criminal law allows for a revocation based on one rule violation. That is failing one drug test. It’s one lie. It’s one failure to report a contact with local law enforcement. It is crucial you understand these rules and follow them.
Sometimes the special rules created by the PO feel excessive. Should you start a fight with your probation officer? No. Should you hire an attorney to fight your probation officer over this rule? No. What about going to court or contacting the PO’s supervisor over the rule? Absolutely not. Give it time. Show your agent that you’re a responsible, respectful human, and approach the issue after a few meetings. This strategy was successful for at least one of our clients, whose probation officer allowed him to drink alcohol while on supervision. Although this situation was a stretch, it’s amazing how far a little respect and honesty goes.
Be honest.
At the time of the writing of this article, rule 16 of the standard rules of community supervision indicates the following: Provide true, accurate, and complete information in response to inquiries by DOC staff. That’s a long, wordy way of saying “be honest, and tell the complete story.” Unfortunately, the huge majority of the probation revocation cases we’ve worked on have included allegations that the offender was dishonest with his or her agent.
A simple lie over something inconsequential is a rule violation. And any rule violation is enough for a revocation.
Report police contacts to your probation officer.
Sometimes offenders have a really hard time with this one. Every time you have contact with a police officer, or any kind of law enforcement, report it to your probation officer. Having contact with a cop isn’t a rule violation, so long as you’re not doing anything wrong.
Did you witness a crime or a car accident and now you’re being interviewed by a cop? Report it. Did you have to call the police due to something that happened in your neighborhood? Report it. Importantly, this even applies if you’re stopped for speeding or you receive a parking ticket. Report those issues.
You’re not going to be revoked for having a conversation with a cop. There’s a good chance you won’t even be revoked for a speeding ticket if you weren’t violating a rule while doing so. But you will be revoked for lying about it.
Tell your probation officer before you leave the state.
Our main office is located in Milwaukee, just a short trip from the Illinois border. We’ve represented clients close to the Minnesota and Michigan borders. Citizens not on probation can come and go as they please. But once you’re on probation, you must receive permission to leave the state. This isn’t a huge deal, and if you have a positive relationship with your PO, won’t be a problem. Once you receive permission, they’ll provide you a written pass that allows you to travel out of the state during the dates and times provided.
We’ve encountered cases where offenders were stopped for speeding as they drove into Illinois. Even taking the Amtrak to Chicago could be a problem, as law enforcement personnel monitor the stations and trains. Cops can see that you’re on supervision. And if you don’t have a valid pass for being outside of Wisconsin, that cop’s first step is probably going to be to contact your PO.
Obtaining a pass from your PO is simple. It’s not worth the risk of revocation to travel outside of the state without permission.
If you do not succeed on probation, contact us.
Van Severen Law Office, S.C. is a criminal defense law firm with offices throughout Wisconsin. Our focus is entirely criminal defense, and obviously that includes representing individuals facing probation, extended supervision, and parole revocations. We recognize that mistakes happen while on probation, and we’re prepared to help.
Frequently revocations include numerous rule violations. We’ve won cases just like this. In other situations, the offender faces new criminal charges on top of the revocation. Van Severen Law Office, S.C. can handle it all.
Contact us at (414) 270-0202. Let’s talk about your case, the revocation you’re facing, and how we can help. Frequently individuals facing probation, extended supervision, and parole revocations are in custody. If you’re a friend, family member, or spouse looking for an attorney for a loved one in this situation, contact us.