Probation Violation Hearing, Hearsay & Unavailable Witness

The rules of evidence at both federal and state court probation violation and probation revocation hearings can be counterintuitive and therefore, confusing. For example, if a witness needed for the prosecution to show a probation violation is unavailable, his or her hearsay statements can still be admissible without a Fourteenth Amendment due process violation (the Sixth Amendment right to confront witnesses, however, does not apply in probation violation hearings). When would a prior transcript of testimony, for example be admissible? What about a body-cam video? To read a summary of one such case addressing this issue, please click on the following link –

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