Cafferty & Scheidegger on Facebook Cafferty & Scheidegger on X Cafferty & Scheidegger on LinkedIn
Call or Text us Phone Mobile (262) 632-5000 Email Email us Español
Cafferty & Scheidegger, S.C.
Practice Area

Expert Racine and Kenosha Probation Violation Lawyers

Need help with a probation violation or criminal appeal? Cafferty & Scheidegger, S.C. has experienced Racine and Kenosha lawyers you need

Free Case Review Call (262) 632-5000

Do You Need a Racine Probation Violation Lawyer?

If you are a resident of Southeastern Wisconsin seeking help with an appeal for a previous criminal conviction, or are facing legal problems because of a violation of the terms of your probation or parole, contact Cafferty & Scheidegger, S.C., in Racine and Kenosha.

The team at Cafferty & Scheidegger includes experienced criminal defense attorneys who have earned a reputation among prosecutors, judges, and probation officers for integrity and honest hard work. The firm has been recognized with Wisconsin Super Lawyer® listings from 2008 through 2026. In addition, the team’s reputation for high standards has earned an AV Distinguished rating by Martindale-Hubbell.

The Governing Wisconsin Statutes

The law at a glance

Probation and its conditions are set out at § 973.09. The court has broad authority to impose conditions of probation reasonably related to the defendant’s rehabilitation and public safety. If the Department of Corrections believes a condition has been violated, the statute controls the process that follows, from the hold and preliminary hearing through final revocation.

Criminal appeals in Wisconsin proceed under § 809.30, which sets the 20-day notice-of-intent deadline and the post-conviction motion framework. Missing that deadline forecloses most appellate rights, which is why early consultation after sentencing is critical.

At the revocation hearing, the State carries only a preponderance-of-the-evidence burden, not the reasonable-doubt standard of trial. That lower burden is part of why preparation and advocacy at the hearing itself are so important. A reinstatement with additional conditions is often available where revocation would otherwise mean time back in custody.

Post-conviction defense

Probation violations and appeals require a different clock

After sentencing, the deadlines are shorter and the pressure points are different. Probation violations often start with a hold and administrative hearing track. Appeals start with a notice-of-intent deadline. Expungement, sentence modification, and collateral motions each have their own rules. We triage these issues quickly so one missed deadline does not close the best route.

Probation hold

If the Department of Corrections places someone on a hold, the defense should immediately identify the alleged violation, available witnesses, treatment compliance, employment history, and alternatives to revocation. Technical violations and new-law violations need different defense plans.

Revocation hearing

Final revocation hearings are administrative, not jury trials, but the outcome can send someone to jail or prison. We prepare evidence for reinstatement, alternatives to revocation, disputed facts, and mitigation before the hearing becomes a one-sided report.

Appeal and postconviction review

Direct appeal rights are tied to § 809.30. Sentence modification, plea withdrawal, ineffective assistance, and § 974.06 claims require a different analysis than a standard revocation defense.

  • Calendar the 20-day notice-of-intent deadline after sentencing.
  • Build a revocation packet with treatment records, employment records, housing, witnesses, and mitigation.
  • Challenge whether revocation is necessary, not just whether a violation occurred.
  • Review Wisconsin expungement eligibility before and after sentence completion.
§ 973.09Probation authority and conditions § 973.10Probation revocation procedure § 809.30Direct criminal appeal deadlines § 974.06Collateral postconviction motions

I Violated My Probation. Will I Go To Jail?

Probation can be part of a punishment for a crime. Probation involves restrictions for a determined period of time on the activities of a person. When people violate probation, they can have their probation revoked and could serve time in jail. Most probation violations are the result of mistakes or misunderstandings by the part of the person serving probation. We will work aggressively to help you defend your freedom by presenting mitigating circumstances that can help sway a judge to reinstate the probation or give an alternate punishment such as treatment instead of serving jail time.

How We Can Help You

Our firm’s reputation is based on our capacity to investigate options thoroughly and alternatives that make sense. We have excellent knowledge of the state and federal criminal justice system throughout Southeastern Wisconsin. Our Racine and Kenosha probation violation lawyers come to hearing rooms and prosecutors’ offices prepared with the facts and ready to help you get the best possible outcome for your charges.

Related post-conviction help: Wisconsin expungement and record-clearing strategy, misdemeanor defense, and county court guides for Racine, Kenosha, and Walworth.

Contact an Experienced Racine Probation Violation Attorney

From offices in Racine and Kenosha, WI, the criminal defense team at Cafferty & Scheidegger defends the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin. Contact the firm to arrange a free initial consultation with an experienced Racine and Kenosha probation violation attorney right away.

Frequently Asked Questions

How long do I have to file a criminal appeal in Wisconsin?
Twenty days from the date of the final judgment of conviction. Under § 809.30, the defendant must file a notice of intent to pursue postconviction relief within 20 days of sentencing. Missing that deadline forecloses most direct-appeal rights, which is why early consultation after sentencing is critical. Collateral attacks under § 974.06 have longer windows but require a different procedural showing.
What can be appealed in a Wisconsin criminal case?
On direct appeal under § 974.02 / § 809.30: errors at trial (evidentiary rulings, jury instructions, sufficiency of the evidence), pretrial rulings (suppression denials, severance), sentencing errors, and ineffective assistance of trial counsel. On collateral attack under § 974.06: constitutional errors not previously raised, newly discovered evidence, and certain ineffective-assistance claims that could not have been raised on direct appeal.
What's the difference between an appeal and a § 974.06 motion?
An appeal under § 974.02 / § 809.30 is the direct-review pathway taken within 20 days of sentencing and reviews the trial court record for legal error. A § 974.06 motion is a collateral postconviction challenge filed in the trial court, available after direct-appeal rights are exhausted, raising claims that could not have been raised on direct appeal. The two pathways have different deadlines, different review standards, and different available remedies.
What is the success rate for Wisconsin criminal appeals?
Statistics vary by court and claim type, but Wisconsin appellate reversal rates in criminal direct appeals are generally under 15%. Strong issues (suppression denied on settled law, structural sentencing errors, plain ineffective-assistance) significantly improve odds. Most successful appeals produce remand for new trial or resentencing rather than outright dismissal. Realistic case assessment up front is essential.
Will I go to jail for a probation violation in Wisconsin?
Not automatically. The Department of Corrections must initiate revocation proceedings under § 973.10, and at the final revocation hearing the State carries only a preponderance-of-the-evidence burden, lower than the trial standard. Reinstatement to probation with additional conditions is often available where revocation would otherwise mean time back in custody, particularly for technical violations rather than new criminal conduct. Preparation at the hearing matters more than most defendants realize.
Can I appeal a probation revocation in Wisconsin?
Yes. Revocation decisions by the Division of Hearings and Appeals are subject to certiorari review in circuit court under § 801.02. The standard of review is narrow (whether the decision was within jurisdiction, supported by substantial evidence, and not arbitrary), but it is a real check. Filing deadlines are tight (45 days from the final agency decision), so post-revocation consultation should be immediate.
What happens at a probation revocation hearing?
Two-step process. A preliminary hearing first determines whether probable cause exists that a violation occurred. If probable cause is found, a final revocation hearing follows, conducted by an administrative law judge (ALJ) with the Division of Hearings and Appeals. The defendant has the right to counsel, to present evidence, to confront witnesses, and to testify. The State must prove the violation by a preponderance and demonstrate that revocation is appropriate.
How long does an appeal take in Wisconsin?
Direct criminal appeals typically run 12 to 24 months from notice of appeal to decision. Postconviction motions in the trial court can resolve faster (3 to 9 months) but often require evidentiary hearings on ineffective-assistance claims. Wisconsin Supreme Court review (discretionary, by petition) adds 6 to 12 months on top of court-of-appeals review. Defendants in custody may seek bail pending appeal under § 969.01(2).
Should I plead guilty if I plan to appeal?
Pleading guilty waives most direct-appeal issues. A defendant who pleads guilty preserves only sentencing challenges, claims that the plea itself was involuntary or unknowing, and certain ineffective-assistance claims. Suppression denials, evidentiary rulings, and most trial-related issues are waived by the plea. If you have appealable issues, raising them before plea is essential.
Can I appeal a sentence I think is too harsh?
Yes, but the standard is narrow. Wisconsin appellate courts review sentencing for an erroneous exercise of discretion: whether the trial court considered the proper factors (gravity of offense, character of the defendant, public protection), whether it considered improper factors, and whether the sentence is shockingly disproportionate. Sentence-modification motions in the trial court under § 973.19 are sometimes a more practical pathway.

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

Contact us today for a free consultation

We are here to help you with your case questions.

Contact us