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Va. Code Ann. § 53.1-170

Rights of parolee or probationer at hearing

Applied in 1 court decision — leading case Emineth v. Johnson (1988)

Most recently applied in Emineth v. Johnson (September 1988)

Code 1950, § 53-290.3; 1975, c. 39; 1982, c. 636.

With respect to any hearing held pursuant to this article, the parolee or probationer:

1. Shall have reasonable notice in writing of the nature and content of the allegations made, including notice that its purpose is to determine whether there is probable cause to believe that he has committed a violation of a condition of parole or probation;

2. Shall be permitted to consult with any persons whose assistance he reasonably desires, prior to the hearing;

3. Shall have the right to confront and examine any person who has made allegations or given evidence against him, unless the hearing officer determines that such confrontation would present a substantial present or subsequent danger of harm to such person;

4. May admit, deny or explain the violation alleged and may present proof, including affidavits and other evidence, in support of his contentions.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.