Section 28.35 Preliminary Hearing
| Library | Criminal Practice 2012 Supp |
B. (§28.35) Preliminary Hearing
The revocation process involves both a preliminary hearing and a final hearing. With certain exceptions, and unless waived by the defendant, the minimal due process requirements are as set out by the court in Ex parte Moore v. Stamps, 507 S.W.2d 939 (Mo. App. E.D. 1974). They include the following:
· The probationer or parolee “is to be afforded an informal preliminary hearing within a reasonably short period of time after an alleged violation or arrest.” Id. at 949.
· This preliminary hearing must be held by a probation or parole officer other than the one...
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