What are the rights of someone held in custody or detained while on parole or probation?
In Wisconsin, anyone held in custody or detained while on parole or probation has certain rights. These rights include the right to remain silent, the right to have access to legal counsel, the right to a speedy, public trial, the right to be informed of the charges against them, the right to confront and cross-examine witnesses, the right to due process of law, and the right to a fair and impartial hearing. Additionally, detained individuals have the right to be free from cruel and unusual punishment and the right to humane treatment while in custody. Any search and seizure of an individual’s property must be reasonable and based on probable cause. Also, if a detained individual is asked to take a drug or alcohol test, they must be informed of their right to refuse to submit to the test. Any hearing related to parole or probation revocation must be conducted within a reasonable amount of time and must be conducted in a fair and impartial manner. Detained individuals should also be given the opportunity to present evidence in their defense, to cross-examine witnesses, and to challenge any adverse evidence against them. Finally, if the individual is found guilty, they must be given the opportunity to appeal the decision. This includes having access to an attorney to speak on their behalf. Additionally, the individual must receive notice of the appeal process.
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