Indiana | Criminal Law
Legal Question
can i call for a jury trial in a probation violation before a fact finding hearing is held
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Legal Answer
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Read More Answered By: Jorge GEORGE Rodriguez |
Your right to a jury trial would have already been exercised or waived on the underlying matter. You should consult an attorney or if you cannot afford to hire an attorney ask the court to hold a hearing to determine if you qualify for a court appointed attorney. Your criminal defense lawyer can explain to you in more detail how and why the prosecutor only has to prove the probation violation by a preponderance of the evidence and only to the Judge - 50% plus anything that tips in favor of believing the violation is true. Hearsay evidence is also admissible. So witnesses can appear who testify as to what others have told them is true. |
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