Sun Prairie, WI asked in Criminal Law for Wisconsin

Q: Is it legal for your probation officer to hold a probable cause hearing on charges that have already been dropped?

He was transferred from AL to WI 2 years ago and only has 4 months left on probation. He’s currently being held for this hearing with no new charges.

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1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: It would not be legal for a probation officer to hold a probable cause hearing on charges that have already been dropped. This is because a likely cause hearing is typically held to determine whether there is enough evidence to proceed with criminal charges. If the charges have already been dropped, then there is no evidence to proceed with, and therefore, there would be no need for a probable cause hearing.

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