The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
004
:
PROBATION
(Cite as: 33 V.S.A. § 5267)
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§ 5267. Previolation hearing
(a) Whenever a juvenile probationer is apprehended and placed on the grounds that the
juvenile has violated a condition of probation, the juvenile shall be given a hearing
before a judicial officer prior to the close of business on the next court business
day in order to determine whether there is probable cause to hold the juvenile for
a violation hearing. The juvenile and the adult who signed the probation certificate
shall be given:
(1) notice of the previolation hearing and its purpose and the allegations of violations
of conditions of probation; and
(2) notice of the juvenile’s right to be represented by counsel and right to be assigned
counsel if the juvenile is unable to obtain counsel.
(b) At the previolation hearing the juvenile shall be given:
(1) an opportunity to appear at the hearing and present evidence on his or her own behalf;
and
(2) upon request, the opportunity to question witnesses against him or her unless, for
good cause, the judicial officer decides that justice does not require the appearance
of the witness.
(c) If probable cause is found to exist, the juvenile shall be held for a hearing to determine
if the juvenile violated the conditions of probation. If probable cause is not found
to exist, the proceedings shall be dismissed.
(d) A juvenile held under this section pursuant to a request to find the juvenile in violation
of probation may be released by a judicial officer pending hearing or appeal. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 95, eff. Feb. 17, 2011.)