What rights do I have during a parole or probation revocation hearing?

When facing a parole or probation revocation hearing in North Dakota, you have certain rights as a parolee or probationer. The first is the right to be heard and to explain your side. You have the right to have an attorney present to represent you and the right to cross-examine any witnesses presented against you. You also have the right to present witnesses or evidence on your behalf. Additionally, you have the right to be informed of the reason for the revocation hearing, the rules governing the hearing, and the standard of proof needed to revoke your parole or probation. All evidence admitted must be relevant to the charge and any statements you make may be used against you. These rights are guaranteed by the 6th Amendment of the U.S. Constitution. Any violation of your rights during the hearing may invalidate the decision to revoke your parole or probation. If you feel that your rights have been violated, you should contact your attorney immediately. It is important to note that a revocation hearing is not the same as a criminal trial and you are not presumed innocent in the eyes of the court. The burden of proof lies with the prosecution to prove that you violated the conditions of your parole or probation beyond a reasonable doubt. You have the right to remain silent during the hearing and any information you provide should be done so with the help of legal counsel.

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