(3) |
(a) |
Upon the filing of an affidavit, or an unsworn written declaration executed in substantial compliance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, alleging with particularity facts asserted to constitute violation of the terms of a defendant’s probation, the court shall determine if the affidavit or unsworn written declaration establishes probable cause to believe that revocation, modification, or extension of the defendant’s probation is justified. |
(b) |
(i) |
If the court determines there is probable cause, the court shall order that the defendant be served with:
(A) |
a warrant for the defendant’s arrest or a copy of the affidavit or unsworn written declaration; and |
(B) |
an order to show cause as to why the defendant’s probation should not be revoked, modified, or extended. |
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(ii) |
The order under Subsection (3)(b)(i)(B) shall:
(A) |
be served upon the defendant at least five days before the day on which the hearing is held; |
(B) |
specify the time and place of the hearing; and |
(C) |
inform the defendant of the right to be represented by counsel at the hearing, the right to have counsel appointed if the defendant is indigent, and the right to present evidence at the hearing. |
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(iii) |
The defendant shall show good cause for a continuance of the hearing. |
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(c) |
At the hearing, the defendant shall admit or deny the allegations of the affidavit or unsworn written declaration. |
(d) |
(i) |
If the defendant denies the allegations of the affidavit or unsworn written declaration, the prosecuting attorney shall present evidence on the allegations. |
(ii) |
If the affidavit, or unsworn written declaration, alleges that a defendant is delinquent, or in default, on a criminal accounts receivable, the prosecuting attorney shall present evidence to establish, by a preponderance of the evidence, that the defendant:
(A) |
was aware of the defendant’s obligation to pay the balance of the criminal accounts receivable; |
(B) |
failed to pay on the balance of the criminal accounts receivable as ordered by the court; and |
(C) |
had the ability to make a payment on the balance of the criminal accounts receivable if the defendant opposes an order to show cause, in writing, and presents evidence that the defendant was unable to make a payment on the balance of the criminal accounts receivable. |
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(e) |
The persons who have given adverse information on which the allegations are based shall be presented as witnesses subject to questioning by the defendant, unless the court for good cause otherwise orders. |
(f) |
At the hearing, the defendant may:
(ii) |
appear and speak in the defendant’s own behalf; and |
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(g) |
(i) |
After the hearing, the court shall make findings of fact. |
(ii) |
Upon a finding that the defendant violated the terms of the defendant’s probation, the court may order the defendant’s probation terminated, revoked, modified, continued, or reinstated for all or a portion of the original term of probation. |
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