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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) The court shall not revoke probation without a proceeding conducted in open court. The procedure of such hearing shall include:
(1) the probationer has violated one or more conditions of probation;
(2) a prior written notice to the probationer stating the alleged violation with which he or she is charged and that he or she has a right to legal counsel at the hearing;
(3) the right to legal counsel if requested by the probationer to be assigned by the court in the same manner as in criminal cases;
(4) establishment of the alleged violation by a preponderance of the evidence by the State, if the probationer contests the allegation in open court;
(5) the maintenance of a record of the proceeding, which shall be preserved in such a manner that it can be transcribed as needed.
(b) An order revoking probation shall be appealable in the same manner as would be applicable to his or her original conviction.
(c) The State shall have the right to be represented by counsel in any revocation hearing.
Cite this article: FindLaw.com - Vermont Statutes Title 28. Public Institutions and Corrections, § 302. Notice; hearing - last updated January 01, 2024 | https://codes.findlaw.com/vt/title-28-public-institutions-and-corrections/vt-st-tit-28-sect-302/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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