DEFENDANT'S RIGHTS AT PROBATION REVOCATION HEARING
You have a right to a hearing on the motion or request to revoke your probation, and, at least, the following rights at that probation revocation hearing:
1. To be informed, in writing, of the manner by which it is claimed that you have violated your probation.
2. The right to be represented by a lawyer. If you cannot afford a lawyer, one will be appointed for you.
3. The right to confront and cross-examine the witnesses against you in court.
4. The right to know the evidence against you, in general terms, before the hearing.
5. The right to present witnesses or documentary evidence on your behalf.
6. The right to compulsory process, that is the right to ask the Clerk of the court to issue subpoenas to compel the attendance of witnesses you want at your hearing, and to require them to bring documents or things necessary to your defense.
7. The right to a written statement by the judge as to the evidence relied on and the reasons for revoking your probation if it is revoked.
Normally, your hearing will be before the judge who heard your criminal case(s). You are not entitled to a jury trial on a probation revocation matter. Just because a motion to revoke your probation has been filed, it is not presumed by the judge that you have violated your probation. The State has the burden of proving that you have violated the terms of your probation. While you may testify at the hearing if you desire, you cannot be forced to testify and incriminate yourself.
If your probation is not revoked, you would be continued on probation, with or without a change in the conditions of your probation. The term of your probation may be lengthened.
If your probation is revoked by the Court, you have the right to present evidence and argument to the court on alternatives to placing you in jail or the penitentiary. You could be placed back on probation, with or without a sentence being imposed.
I acknowledge receipt of a copy of this document, and I further state that I have read my rights or they have been read to me, and I understand my rights at a probation revocation hearing.
Date: Defendant