§ 302 - Notice; hearing - Vermont Statutes

§ 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) A prior written notice to the probationer stating the alleged violation with which he is charged and that he 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 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.)