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If you are on probation and just get a disorderly conduct…

If you are on...

If you are on probation and just get a disorderly conduct ticket will that be a violation that puts you in jail?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Wisconsin.

Lawyer's Assistant: Have you talked to a lawyer yet?

No I have not. I am on probation and a girl was verbal towards me and attacked me. I did not attack her. The cops just said they'd issues us both disorderly conduct tickets and left. So it would be mailed to me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

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Answered in 5 minutes by:
7/6/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,149
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 7 months ago
OK thank you

Any contact with the law would be a basis for a violation. A disorderly conduct charge in your state is a Class B misdemeanor. It's a low-level offense, but since it's a misdemeanor, it's still a crime.

That said, even if your probation officer is required to lodge a violation against you for the new charge, this does not mean that probation is going to ask for your probation to be revoked and for you to do jail time instead.

Probation has a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements) on the one extreme to house arrest or revoking probation outright on the other.

What they will do in any particular case will depend on many factors, such as the facts and circumstances of the new case, the strength of the state's case, your background and history, how long you've been on probation, how long you still have to go how well you've been getting along with your probation officer, whether you've been in good over-all compliance with the terms of your probation before the violation or whether you've given them trouble before.

It will all come down to whether probation thinks that working with you will ultimately turn you into a successful probationer and a productive citizen or whether they think you never will get the message and will want to wash their hands of you.

If you are violated and Probation gives up on you, they will make a recommendation to the judge as to how much incarceration you should be resentenced to. The judge can give you any sentence he wants up to the maximum the law allows for the crime you pled guilty to. You do not get credit for any of the time on probation. That's street time, and it does not count towards your sentence. Back when you took your plea, the judge told you what you'd be risking if you failed. That's what you'd be looking at.

You will be entitled to a hearing on the violation, however, if you're violated. You should have a lawyer at that hearing so that in the event that probation is asking for you to be resentenced to jail or prison, someone can make a good argument for rehab and drug treatment or house arrest.

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Customer reply replied 7 months ago
OK. I was sentenced to only one year probation and I am half way done. I have not given them any problems whatsoever. I have paid all my restitution and fines and just owe supervision fees and that's it. They only have me meeting with a probation officer once every 3 months. The terms of my probation was of course absolute sobriety and normal supervision rules such as avoid all conduct which is a violation of federal or state statute, municipal or county ordinances, tribal law or which is not in the best interest of public welfare or your rehabilitation.
Customer reply replied 7 months ago
I called and left my probation officer a message regarding this incident that just occurred. The cops just said we both need to avoid each other not talk to each other and said they'd just issue is disorderly conduct tickets and left. So I will get it in the mail
Customer reply replied 7 months ago
They told me if I messed up I could face 6mths in jail with Huber and time out for daycare. Now is it possible that this disorderly conduct ticket be seen as a minimal thing that was due to another person attacking me where I did nothing wrong and give me a slap on the wrist?

You did the right thing. You reported your contact to probation. Probation won't do anything right away. They will keep an eye on the case and see how it's going to go. It doesn't sound like a very serious matter at all, and maybe the prosecutor will eventually agree to drop the charges or reduce it to some kind of an infraction that probation won't care about.

Yes, it's possible that you'll just end up with a short term sanction as it doesn't appear to be a serious case, but as I indicated, you need to contact your lawyer so that if you are violated, he can make that argument at your hearing and keep you on probation.

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Customer reply replied 7 months ago
Can I wait to get a lawyer appointed to me instead? I have a problem with just affording one on my own. No one was arrested or anything they just asked us what happened and said tickets will be issued then went on there way. What would be a reason that would make the charge dropped?
Customer reply replied 7 months ago
I am trying to do what I can to stay out of jail completely from this incident which the other person caused to happen. So if my probation agent sees this as a slap on the wrist will that have the judge more likely agreeing to it being a slap on the wrist and giving me another chance to just finish out my probation?

Yes. You can wait until you show up to court on the new case and ask the judge for a public defender. I don't know that the case can be dismissed. All things considered, however, it doesn't appear to be very serious. The police could have arrested you as you are on probation. Instead, they just told you that you'd get a ticket in the mail.

Generally, judges believe that probation officers know their probationers better than the judge gets to know his defendants. So if probation only wants some kind of a wrist slap, the judge usually will defer to probation.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,149
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 7 months ago
OK thank you for all this information. So more than likely I would hope I wouldn't go to jail for this and continue my probation like I am.

You're very welcome. Best of luck!

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Customer reply replied 7 months ago
Another question. Is it more so up to the probation officer on whether they want to give you a warning or proceed with punishing you for violating parole?
Customer reply replied 7 months ago
If the probation officer decides to just give you a warning for the charge then will the disorderly conduct case just proceed normally without affecting your probation? Or will the judge see that your on probation and use that against you?

Yes. If your probation officer just gives you a warning then the case will proceed without regard to your probation. Both the judge and the prosecutor will know that you're on probation and that can effect the deal that you get in the case.

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Customer reply replied 7 months ago
What do you mean? If the probation officer let's me go with a warning you are saying the judge and prosecuter will still be aware I'm on probation but try to use that fact to give me say a worse fine or punishment for the disorderly conduct?

The judge and prosecutor who handle the disorderly conduct can take the fact that you're on probation already into consideration when they come up with an offer for the disorderly conduct. It's not your first offense and they can give you a heavier fine or punishment accordingly for the dis con.

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Customer reply replied 7 months ago
I do have one other disorderly conduct that ended in just a fine that was I want to say almost three years ago. Is it possible they will just give me a heavier fine and that's it?
Customer reply replied 7 months ago
I'm sorry I saw you said they could do just a heavier fine.

Yes. A heavier fine is possible. They're not going to put you in jail for the disorderly conduct. It would be a fine or community service, typically.

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Customer reply replied 7 months ago
OK I was hoping it would not result in jail time. I am hoping they'd be understanding. The first I was wrongfully accused of being violent by the boyfriend at the time when I wasn't and that is why I got the charge. Would they ask me what the first was for and take into consideration the reason I got it?

They won't ask you anything. You'll have a lawyer and your lawyer will do the talking.

Good luck!

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Customer reply replied 7 months ago
my probation officer pretty much just gave me a warning and said not to have contact with the person that I got the disorderly conduct with. They told me that I could have been put into custody until they had investigated it further so that I should be lucky that I was not. So now that I should be receiving this disorderly conduct ticket they told me that the ticket would be about $510. I have not received the ticket in the mail yet but the probation officer was able to tell me that was how much the ticket would be. Since this is my second disorderly conduct is the ticket $510 because of it being my second? Do disorderly conduct tickets usually require you to always go to court and hire an attorney to help possibly lower the tickets? Since I am on probation Will the judge want to increase the amounts that this ticket is currently costing me? Should I not worry about the judge wanting to have jail as a sentence for this being my second disorderly conduct and me being on probation getting this second disorderly conduct? Since my probation officer let me off with a warning does this mean the judge cannot decide to revoke my probation because of the probation officer only giving me a warning?

Each time you commit a crime the stakes go up. So if it's your second disorderly conduct, you can expect a higher fine than with your first.

No, you're not going to have to worry about him putting you in jail so long as you show up on your court date, and if probation isn't asking for a revocation, the judge won't revoke it. The matter of your probation is not going to be before the court. Only the disorderly conduct will be.

Disorderly conduct requires you to appear in court, and yes, the lawyer may be able to negotiate a lower fine. Probation already seems to know what fine they will be offering, so there's no reason for the judge to increase it.

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Customer reply replied 7 months ago
Is it highly suggested to always get an attorney to help with a disorderly conduct ticket rather than to just plead guilty and pay the amount that they said the disorderly conduct ticket will be? I understand that having an appointed attorney will mean that you will also have a tourney cost but if it is better in the long run to hire one to deal with a disorderly conduct ticket then I will definitely go that route.
Customer reply replied 7 months ago
Will the prosecutor still bring up to the judge the fact that I am on probation in court? Or will it not be said but they will of course know that I am in fact on probation?

It is always best to have an attorney when you are charged with a criminal offense. He or she knows the law, the procedures, and all of your rights. You don't. A lawyer can almost always do more for you than you can do for yourself.

If you can afford a private lawyer, you should get one. Public defenders are for those too poor to seek private representatioon.

The prosecutor can bring up anything on your record if he or she thinks there's a point to it. But the judge will also see it for himself.

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