In Wisconsin, can someone on probation be held without being charged?

[MarsPathfinder]

My cousin was held in detention for 6 days. He was allowed to make phone calls, was not told he had the right to a lawyer. He also was told to make a statement. He was NOT read miranda rights. According to the website he was charged, however, he was not told he was, not given miranda rights, and not offered a lawyer. He was "cleared" and let go after the 6 days. Is this even legal?

 

[Just Blue]

My cousin was held in detention for 6 days. He was allowed to make phone calls, was not told he had the right to a lawyer. He also was told to make a statement. He was NOT read miranda rights. According to the website he was charged, however, he was not told he was, not given miranda rights, and not offered a lawyer. He was "cleared" and let go after the 6 days. Is this even legal?

Your cousin should ask his attorney.

 

[quincy]

My cousin was held in detention for 6 days. He was allowed to make phone calls, was not told he had the right to a lawyer. He also was told to make a statement. He was NOT read miranda rights. According to the website he was charged, however, he was not told he was, not given miranda rights, and not offered a lawyer. He was "cleared" and let go after the 6 days. Is this even legal?

Did he violate the terms of his probation?

What has his attorney said about it?

 

[MarsPathfinder]

He doesn't have one mostly because he cant afford one. He went in for a probation check of sorts, because his probation is up this thursday and I think they just had to do some paperwork, and they apparently had a rumor that he was threatening someone. So they detained him. For 6 days. He was never told he was not charged with anything, but the website for our county said it was for "probation violation". They let him go because there was no proof of the accusation. During this whole time, he was not given his rights, he was held in solitary for 2 days, and he had to "write a statement" which he did not have counsel because he was not told about his rights nor did he think he could get one. He was never brought to trial. They just released him and he lost his job because he couldn't call into work, now losing his only income. Based on what my cousin says, one could also argue excessive force was used to detain him.

Basically, hes followed probation to a T for a misdeameanor disorderly conduct about a year ago, and then this all happened to him.

 

[quincy]

He doesn't have one mostly because he cant afford one. He went in for a probation check of sorts, because his probation is up this thursday and I think they just had to do some paperwork, and they apparently had a rumor that he was threatening someone. So they detained him. For 6 days. He was never told he was not charged with anything, but the website for our county said it was for "probation violation". They let him go because there was no proof of the accusation. During this whole time, he was not given his rights, he was held in solitary for 2 days, and he had to "write a statement" which he did not have counsel because he was not told about his rights nor did he think he could get one. He was never brought to trial. They just released him and he lost his job because he couldn't call into work, now losing his only income. Based on what my cousin says, one could also argue excessive force was used to detain him.

Basically, hes followed probation to a T for a misdeameanor disorderly conduct about a year ago, and then this all happened to him.

He should speak to an attorney in his area then, to see if his rights were violated. He can try a free legal aid clinic (although generally these clinics do not handle criminal matters) or look for an attorney offering a free initial consultation, for a personal review.

Many people do not know the rights they can assert. He could have asked for an attorney at any time during his detention and, when the police told him he could make a phone call, he could have called for legal assistance at that time.

Because your cousin was on probation and apparently arrested on a probation violation, there is probably more involved than you know.

 

[xylene]

this isn't any of your business to post.

also: the odds of any civil recovery for what you have described is low.

 

[quincy]

this isn't any of your business to post.

also: the odds of any civil recovery for what you have described is low.

It is not only not his business, I think he is not well-informed enough about his cousin's situation to be of much help to his cousin.

 

[not2cleverRed]

He doesn't have one mostly because he cant afford one. He went in for a probation check of sorts, because his probation is up this thursday and I think they just had to do some paperwork, and they apparently had a rumor that he was threatening someone. So they detained him. For 6 days. He was never told he was not charged with anything, but the website for our county said it was for "probation violation". They let him go because there was no proof of the accusation. During this whole time, he was not given his rights, he was held in solitary for 2 days, and he had to "write a statement" which he did not have counsel because he was not told about his rights nor did he think he could get one. He was never brought to trial. They just released him and he lost his job because he couldn't call into work, now losing his only income. Based on what my cousin says, one could also argue excessive force was used to detain him.

Basically, hes followed probation to a T for a misdeameanor disorderly conduct about a year ago, and then this all happened to him.

For your edification: a "parole violation" is not necessarily a crime. A "parole violation" is anything that violates the conditions of parole, and these conditions can be tailored to the individual, based on the circumstances surrounding the person when they were arrested. For example, some parolees have sobriety as a condition their parole. It is not illegal for someone over the age of 21 to have an adult beverage, but if it's a condition of one's parole, then drinking is a "probation violation", and when you violate your parole, you get to serve the time in jail instead.

You seem to lack a fundamental understanding of what parole is.

 

[HighwayMan]

My cousin was held in detention for 6 days. He was allowed to make phone calls, was not told he had the right to a lawyer. He also was told to make a statement. He was NOT read miranda rights. According to the website he was charged, however, he was not told he was, not given miranda rights, and not offered a lawyer. He was "cleared" and let go after the 6 days. Is this even legal?

This is your cousin's situation to deal with. You can't even be certain you know all of the facts - that's what happens when third parties try get involved.

Sounds like your cousin is an adult - let him fight his own legal battles.

 

[quincy]

MarsPathfinder could offer to pay for an attorney for his cousin, if he wants to help.

He can also offer a listening ear for his cousin's complaints about how his rights were infringed.

Beyond that, I do not see that MarsPathfinder can be of much assistance.