Due Process in a Utah VOP Proceedings – What to Expect
The United States Supreme Court has determined that probation revocation proceedings, which are not criminal in nature and involve only a conditional liberty interest, are entitled only to the ‘minimum requirements of due process.’ “State v. Orr, 2005 UT 92, 12, 127 P.3d 1213 (quoting Gagnon v. Scarpelli, 411 U.S. 778, 786 (1973)).
The minimum requirements in felony and misdemeanor violation of probation cases include the following:
- Written notice of the claimed violations of probation
- Disclosure to the probationer of evidence against him
- An opportunity to be heard in person and to present witnesses and documentary evidence
- The right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation)
- A neutral and detached judge to hear the case and determine whether the violation was willful and substantial by a preponderance of the evidence
- A written statement by the fact finders as to the evidence relied on and reasons for revoking probation and/or taking other action