Probation can be ordered by a Wisconsin Circuit Court as an alternative to prison or jail sentences, in conjunction with less prison or jail time, or as a condition of parole or other jail or prison term releases. During probation, the probationee (person on probation) is supervised by a probation officer, allowed to serve probation at home, and given conditions of probation that must be met or probation can revoked. Probation places the probationee into the custody of a probation officer.

Prosecuting attorneys push probation as an easy alternative, but it is not. Probation should not be taken lightly.

As Chris Van Wagner says, "Being on probation is like being married to someone, but being married to someone you did not pick, you do not like, and yet you cannot divorce."

Conditions of Probation

Probation is intended to restrict a person's liberties. A court can order a person to serve a term of probation for many years, as well as extend an existing probation order. A court can also (and usually does) order an entire list of “conditions” or rules that one must abide by while on probation.

While conditions of probation are entirely at the court's discretion, the conditions should be relavent to the crime. Whenever unreasonable probationary conditions are imposed, your criminal defense attorney can help you. Examples of typical probationary conditions are listed below.

Fines. In addition to the fines imposed by a court for a criminal conviction, a probation officer is paid a fee to watch the person who is on probation. Those fees must be paid to the officer each month. A failure to pay the fees usually results in a revocation of probation.
Curfews. For example, a probation condition or probation officer may require the person on probation to be at home at a certain time each day.
Work. Probationary conditions can include required work hours, as well as the number of hours that a person must work each week.
Residence. Probation conditions can restrict where a person lives, and in the instances where a person has been convicted of a sexual offense, the conditions can include the distance that a person's residence is from a school or other places where children gather.
Friends. A court can order a condition of probation that prohibits a person on probation from hanging out with certain friends.
Decorations. For example, a probation officer may refuse to allow a person who is on probation for a sex offense to decorate for Halloween.

Probation Officer's Limits (Or Rights)

A probation officer has few limits on his authority to direct the behavior and actions of a person whom he supervises under probation rules. A probation officer can revoke freedom and order a person who is on probation into jail for weekends or evenings or until a court hearing for revocation of probation. A probation officer can make life very miserable, mandate curfew times, change curfew times, and restrict friends without court intervention.

In addition to placing restrictions on the life of the person placed on probation, probation also restricts the lives of the people with whom the person on probation lives. A probation officer can visit you at his or her whim, without notice, and without a reason. The probation officer can then search your entire home whether you have a roommate or live alone. If the probation officer finds evidence of a violation to probation, regardless of whether it is your marijuana roach or a roommate's half empty bottle of beer haphazardly left in your room, the probation officer can take action including ordering the person on probation back to jail.

In all instances, a probation officer will be the key witness at any revocation hearing, and play a key role in any alternative to revocation that may be offered or ordered by a court.

Free Legal Advice

If you are facing probation, take a few minutes to consult with a criminal defense attorney at Van Wagner & Wood -- Chris Van Wagner or Tracey Wood -- to understand your legal rights and the restrictions that a probation sentence will place upon you. Your initial consultation is free. During that consultation, an attorney will give you a professional straight-forward brief "first-impression" analysis of the case against you so that you may consider your next move.

If you are in threat of revocation of a probation order, call (608-284-1200 or 1-866-262-4599) immediately to talk to an attorney about alternatives to revocation.

Note - you can also email - - the criminal defense lawyers of Van Wagner & Wood, or submit your case online right now; just click on "submit your case."

Appeals & Serious Crimes - Homicide - Murder - State - Federal

Drug Crimes

State Drug Charges: Van Wagner & Wood's criminal defense attorneys routinely handle drug related criminal cases for people residing in Wisconsin, and most frequently residing in the following areas: Adams County, WI (Adams, Wisconsin Dells), Ashland County, WI (Ashland), Barron County, WI (Barron), Bayfield County, WI (Washburn, Bayfield), Buffalo County, WI (Buffalo City, Mondovi), Burnett County, WI (Siren), Chippewa County, WI (Chippewa Falls), Clark County, WI (Abbotsford), Columbia County, WI (Columbus, Wisconsin Dells), Crawford County, WI (Prairie du Chien), Dane County, WI (Belleville, Black Earth, Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield, DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton, Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie, Verona, Waunakee, Windsor), Dunn County, WI (Menomonie), Eau Claire County, WI (Abbotsford, Eau Claire), Grant County, WI (Mount Hope, Lancaster, Fennimore), Green County, WI (Monroe), Iowa County, WI (Mineral Point, Dodgeville), Jackson County, WI (Black River Falls), Jefferson County, WI (Jefferson), Juneau County, WI (Mauston), La Crosse County, WI (LaCrosse, Lafayette, Darlington), Marathon County, WI (Wausau), Monroe County, WI (Sparta), Pepin County, WI (Durand), Pierce County, WI (River Falls), Polk County, WI (St Croix Falls), Portage County, WI (Stevens Point), Price County, WI (Park Falls), Richland County, WI (Richland Center), Rock County, WI (Janesville), Rusk (Ladysmith), St Croix County, WI (Hudson), Sauk County, WI (Sauk City, Wisconsin Dells), Taylor County, WI (Medford), Trempealeau County, WI (Whitehall), Washburn County, WI (Spooner), and Wood County, WI (Wisconsin Dells).

Drunk Driving (OWI, DUI, DWI)

Wisconsin's foremost authority on drunk driving laws, Attorney Tracey Wood, consults with lawyers and law firms throughout the United States to help them build successful strategies for very complex cases. In Wisconsin, Attorney Wood most frequently represents people charged in the following areas: Madison (Dane County), Richland Center (Richland County), La Crosse (La Crosse County), Jefferson (Jefferson County), Wisconsin Dells (Columbia County and Sauk County), Stevens Point (Portage County), Dodgeville and Mineral Point (Iowa County), Portage (Columbia County) and Montello (Marquette County).

Federal Crimes

Van Wagner & Wood's criminal defense attorneys handle Federal cases throughout the state of Wisconsin and Federal appeals cases throughout the nation. The attorneys at Van Wagner & Wood have handled Federal cases for more than twenty years, cases and appeals ranging from Federal conspiracy, drug charges of possession, intent to deliver, sell, distribute controlled substance, securities fraud, mail fraud, wire fraud, domestic terrorism, Internet crimes money laundering, to kidnapping.

Felony Murder, Homicide, Intentional Homicide, Negligent Homicide, Reckless Homicide

The criminal defense attorneys at Van Wagner & Wood represent people charged with Felony Murder, Homicide, Negligent Homicide, Reckless Homicide, Vehicular Homicide, Reckless Endangerment, First-degree Intentional Homicide, and Second-degree Intentional Homicide. Those attorneys most frequently represent people accused or charged in the state of Wisconsin. Often times, they are called upon by a client residing outside of the state of Wisconsin, which they represent in very serious crimes such as Felony Murder or Homicide. Van Wagner & Wood have handled cases for clients in Kansas, Oklahoma, California, New Jersey, Minnesota, and Illinois.

Sexual Assault, Rape & Sex Crimes

Van Wagner & Wood's criminal law defense lawyers frequently appear in Wisconsin Circuit Courts in Madison, Wisconsin for Dane County; Chippewa Falls, Wisconsin for Chippewa County Circuit Court; Menomonie, Wisconsin for Dunn County Circuit Court; Eau Claire, Wisconsin for Eau Claire Circuit Court; Lancaster, Wisconsin for Grant County Circuit Court; Monroe, Wisconsin for Green County Circuit Court; Mauston, Wisconsin for Juneau County Circuit Court; La Crosse, Wisconsin for LaCrosse County Circuit Court; Wausau, Wisconsin for Marathon County Circuit Court; Sparta, Wisconsin for Monroe County Circuit Court; Stevens Point, Wisconsin for Portage County Circuit Court; Janesville, Wisconsin at Rock County Circuit Court; Baraboo, Wisconsin at Sauk County Circuit Court; Wisconsin Dells at Columbia County Circuit Court; Wisconsin Rapids at Wood County Circuit Court; Waukesha, Wisconsin at Waukesha County Circuit Court; Elkhorn, Wisconsin at Walworth County Circuit Court. They also appear at Oneida Circuit Court in Rhinelander, Wisconsin; Langlade Circuit Court at Antigo, Wisconsin.