Home > Finding an attorney in Waukesha County > Probationer’s incriminating statements cannot be used to increase revocation sentence | State Bar of Wisconsin

Probationer’s incriminating statements cannot be used to increase revocation sentence | State Bar of Wisconsin


Probationers often contact me regarding the spectre of  revocation after being involved in a new violation or for statements they might have made while being interviewed by their probation officers.  In order for them to be expected to have frank conversations, they need to have some level of privilege. The Court recognized these statements as compelled and held that they could not be used by a subsequent sentencing court. The Court wrote:

“[A] probationer’s statements are compelled if he or she must choose between providing them or jeopardizing his or her conditional liberty by remaining silent,” the court wrote.


Probationer’s incriminating statements cannot be used to increase revocation sentence | State Bar of Wisconsin.

 

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