28 V.S.A. § 302
This is the official text of 28 V.S.A. § 302, part of Vermont’s V.S.A — part of the compiled statutory law of Vermont, published by the state as "V.S.A." Browse the sections below, each linked to its official government source.
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§ 302. Notice; hearing
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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