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.

Related Topics:
1 Lawyer Answer
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.