§ 5268 - Notice; violation hearing
§ 5268. Notice; violation hearing
(a) The court shall not find a juvenile in violation of the juvenile's probation without a hearing, which shall be held promptly in the court in which the probation was imposed. If the juvenile is held in detention prior to the hearing, the hearing shall take place at the earliest possible time. Prior to the hearing, the juvenile and the adult who signed the probation certificate shall receive a written notice of the hearing at his or her last known address stating that the juvenile has allegedly violated one or more conditions of probation and which condition or conditions have been violated. At the hearing, the juvenile shall have:
(1) The right to legal counsel if requested by the juvenile probationer or the adult who signed the probation certificate to be assigned by the court in the same manner as in criminal cases.
(2) The right to disclosure of evidence against the juvenile.
(3) The opportunity to appear and to present evidence on the juvenile's behalf.
(4) The opportunity to question witnesses against the juvenile.
(b) The state's attorney having jurisdiction or the commissioner shall establish the alleged violation by a preponderance of the evidence, if the juvenile probationer contests the allegation. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)