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  #1  
Old 02-10-2011, 09:54 AM
srcmt80 srcmt80 is offline
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Default right to cross examine

i went to my probation revocation yesterday, the state claimed it was ready to proceed, they only had one of the four states wittnesses in court. who happened to be an officer that i tried to file a rights violation against. the other three wittnesses that werent present were my probation officer his boss and a ladie from counseling. the fact that the state tried to proceed in my revocation without giving me the oppertunity to cross examine there wittnesses is i believe a violation of due process... is this correct, how do i go after them
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Old 02-12-2011, 06:21 PM
moderator moderator is offline
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I am a little confused. You get to cross examine a witness only after he or she testifies unless you call the person as a witness yourself. If these 3 people did not testify you would not have the right to cross examine them. Maybe I am not understanding what happened.
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Old 02-17-2011, 08:18 AM
srcmt80 srcmt80 is offline
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i am going in for a probation violation on the violation report it has 4 wittnesses listed on the report for the state two of them are probation officers, another is a detective and the last is a counsler. they are all responcable for the revocation report. so by denying me the right to question the four people that brought the charges, that would be denying me my rights. to questions the wittnesses against me correct.
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Old 02-22-2011, 05:01 PM
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If this was a trial yes, but probation violations are bound by different rules of evidence and the report typically comes in without the person or persons who wrote it having to testify. You certainly can present evidence that disputes the report. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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