Vermont Statutes Title 28 Sec. 302
Terms Used In Vermont Statutes Title 28 Sec. 302
- Allegation: something that someone says happened.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- probation: means a procedure under which a respondent, found guilty of a crime upon verdict or plea, is released by the court, without confinement, subject to conditions imposed by the court and subject to the supervision of the Commissioner. See
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 302. Notice; hearing
(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) aprior 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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 3.)