Research

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Courts must decide the question of extension or revocation of probation within a reasonable time.

Topics:
  • Due Process

Under the Massachusetts Declaration of Rights, the right of access to material witnesses applies to probation violation proceedings in appropriate cases. This right is encompassed in the right of a probationer to be heard and present evidence.

Topics:
  • Waiver
Collateral Issues:
  • Ineffective Assistance of Counsel

Counsel fails to fully advise as to deportation consequences; waiver not knowing and intelligent.

Topics:
  • Due Process
Probation Terms:
  • Termination

Defendant who is terminated from diversionary program entitled to due process.

Drug Court

The District Court Rules of Probation Proceedings were compiled to “codify the provisions of applicable case law.”

Topics:
  • Constitutional Issues
  • First Amendment

The Eighth Circuit ruled that requiring a Missouri prisoner to attend and complete a non-secular substance abuse program in order to be eligible for early parole violated the Establishment Clause. 

Drug Court
Topics:
  • Due Process

Minimal due process to which parolee or probationer is entitled also applies to participants in drug court program: (1) written notice of time and place of hearing; (2) disclosure of evidence; (3) neutral fact-finder; (4) opportunity to be heard and present witnesses and evidence; (5) right to cr

Drug Court
Probation Terms:
  • Termination

Mental health court participant must be sufficiently apprised as to evidence and grounds upon which participation in mental health court is terminated.

Mental Health Court
Topics:
  • Constitutional Issues
  • First Amendment

A federal Court held that the First Amendment is violated when the state coerces an individual to attend a religion-based drug or alcohol treatment program. 

Drug Court
Topics:
  • Due Process
Probation Terms:
  • Termination

Drug Court participants are entitled to: notice of the termination allegations and the evidence against them, right to call and cross examine witnesses, a hearing at which they are present, a neutral magistrate, written factual findings and the right to counsel.

Drug Court

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