46.2213 Arrest-Preliminary hearing-Release on bail.

Cite as [A.S.C.A. § 46.2213]

(a) If the probationer is arrested under the authority granted in 46.2211 and 46.2212, he has the right to a preliminary hearing on the violation charged. He shall be notified immediately in writing of the alleged probation violation. The preliminary hearing shall be heard by the sentencing court, and shall be conducted as provided by rule of court.

(b) If it appears that there is probable cause to believe that the probationer has violated a condition of his probation, or if the probationer waives the preliminary hearing, the judge shall order the probationer held for further proceedings in the sentencing court.

(c) If probable cause is not found, this may not bar the sentencing court from holding a hearing on the question of the probationer’s alleged violation of a condition of probation nor from ordering the probationer to be present at such a hearing.

(d) Provisions regarding release on bail of persons charged with offenses shall be applicable to probationers arrested and ordered held under this provision.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 559.036, 28 ASC 5.