What are the rights of someone awaiting a hearing while on parole or probation?
In North Dakota, someone awaiting a hearing while on parole or probation is afforded certain rights. This includes the right to be informed of the charges against them via a written document called an Advance Notice of Parole or Probation Hearing, which should be delivered to them at least 7 days in advance of the hearing. The individual also has the right to be represented at the hearing by a lawyer, or by an advocate if they are unable to afford one. They also have the right to present evidence in their defense, and to question witnesses who may be testifying against them. The parolee or probationer also has the right to remain silent at the hearing. They cannot be forced to answer questions if they choose not to, and the hearing cannot proceed until they are present. In terms of the outcome of the hearing, the parolee or probationer has the right to receive written notification. This notification should contain the findings of the hearing, as well as the decision that is being made, along with the consequences for non-compliance. Finally, the individual has the right to a fair and impartial hearing. This means that the decision rendered by the hearing panel must be based on the facts presented to them, and cannot be influenced by any other factor.
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