Probation Violation Response

TABLE OF CONTENTS

1. Caption
2. Introduction and Procedural History
3. Response to Allegations
4. Constitutional Rights
5. Standard of Proof
6. Graduated Sanctions and Officer-Imposed Sanctions
7. Mitigating Factors
8. Alternative Sanctions Proposed
9. Evidence and Witness List
10. Conclusion and Prayer for Relief
11. Certificate of Service

Caption

THE STATE OF NEW HAMPSHIRE
[________________________________] SUPERIOR COURT / CIRCUIT COURT

Introduction and Procedural History

COMES NOW Defendant, [________________________________], by and through [his/her] attorney, [________________________________], Esq., NH Bar No. [________], and hereby files this Response to the Alleged Probation Violation.

1. On [__/__/____], the Defendant was convicted of / pleaded guilty to [________________________________] in violation of RSA [________________________________], a [class ____] offense.

2. On [__/__/____], the Court sentenced Defendant and placed Defendant on probation for a period of [____] months/years subject to standard and special conditions.

3. On [__/__/____], the State filed a Petition alleging Defendant violated condition(s) of probation as follows:

a. [________________________________]

b. [________________________________]

c. [________________________________]

4. The Defendant was arrested on [__/__/____] and a preliminary hearing was held / is scheduled for [__/__/____].

Response to Allegations

A. Classification of Alleged Violations

☐ Technical Violation(s): Allegation(s) [____] are technical violations of probation conditions.

☐ New Law Violation(s): Allegation(s) [____] allege new criminal conduct.

B. Specific Responses

Allegation 1: [________________________________]

☐ Denied. The Defendant denies this allegation. [________________________________]

☐ Admitted with Explanation. The Defendant admits the factual basis but offers the following explanation: [________________________________]

☐ Admitted. The Defendant admits this allegation.

Allegation 2: [________________________________]

☐ Denied. [________________________________]

☐ Admitted with Explanation. [________________________________]

☐ Admitted. The Defendant admits this allegation.

Constitutional Rights

The Defendant asserts the following constitutional and statutory rights:

1. Right to Written Notice. The Defendant is entitled to written notice of the claimed violations. Morrissey v. Brewer, 408 U.S. 471, 489 (1972).

2. Right to Preliminary Hearing. Pursuant to RSA 504-A:5, a preliminary hearing must be held within 72 hours of arrest, excluding Saturdays, Sundays, and holidays.

3. Right to Counsel. The Defendant is entitled to representation by counsel at all stages. Gagnon v. Scarpelli, 411 U.S. 778 (1973).

4. Right to Confront and Cross-Examine Witnesses. The Defendant has the right to confront and cross-examine adverse witnesses. Morrissey, 408 U.S. at 489.

5. Right to Present Evidence. The Defendant has the right to be heard and to present witnesses and documentary evidence.

6. Right to Bail. A person charged with a probation violation is entitled to a bail hearing.

Standard of Proof

The State bears the burden of proving each alleged violation by a preponderance of the evidence. The Defendant submits the State cannot meet this burden as to the denied allegations because:

[________________________________]

Graduated Sanctions and Officer-Imposed Sanctions

The Defendant asserts that:

☐ The officer-imposed sanctions under RSA 504-A:4, III have not been exhausted.

☐ The Defendant has been incarcerated [____] time(s) under the officer-imposed sanction authority.

☐ Lesser graduated sanctions remain available before full revocation should be sought.

☐ Total officer-imposed jail time to date: [____] days of the 30-day maximum.

Mitigating Factors

The Court should consider the following mitigating factors:

☐ Employment: Defendant is currently employed at [________________________________] since [__/__/____].

☐ Education: Defendant is enrolled in / has completed [________________________________].

☐ Treatment: Defendant is participating in [________________________________] since [__/__/____].

☐ Family: Defendant is the primary caretaker for [________________________________].

☐ Compliance: Defendant has substantially complied with all other conditions, including: [________________________________].

☐ Circumstances: The alleged violation occurred due to: [________________________________].

☐ Health: Defendant has medical/mental health conditions: [________________________________].

☐ Time Served: Defendant has served [____] of [____] months/years of probation without prior violations.

☐ Other: [________________________________]

Alternative Sanctions Proposed

In lieu of full revocation, the Defendant respectfully requests:

☐ Officer-imposed jail sanction of [____] days under RSA 504-A:4, III.

☐ Continuation of probation under existing terms and conditions.

☐ Modification of probation conditions, specifically: [________________________________].

☐ Extension of probation period by [____] months.

☐ Community service of [____] hours.

☐ Enrollment in treatment program: [________________________________].

☐ Increased supervision/reporting requirements.

☐ Substance abuse testing at increased frequency.

☐ Other: [________________________________]

Evidence and Witness List

A. Documentary Evidence

B. Witness List

1. [________________________________] — [relationship/title] — will testify regarding [________________________________].

2. [________________________________] — [relationship/title] — will testify regarding [________________________________].

3. [________________________________] — [relationship/title] — will testify regarding [________________________________].

Conclusion and Prayer for Relief

WHEREFORE, the Defendant respectfully requests that this Court:

☐ Dismiss the Petition for Probation Violation in its entirety;

☐ Find that the State has failed to meet its burden of proof;

☐ Continue probation under existing terms and conditions;

☐ Modify the conditions of probation as proposed above;

☐ Impose alternative sanctions in lieu of revocation;

☐ Grant such other and further relief as the Court deems just and appropriate.

Respectfully submitted,

Date: [__/__/____]

_____________________________________________
[________________________________]
Attorney for Defendant
NH Bar No. [________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing RESPONSE TO ALLEGED PROBATION VIOLATION was served upon:

☐ Hand-delivered to:
☐ Electronically filed and served via the Court's e-filing system to:
☐ Mailed via U.S. Mail, postage prepaid, to:

[________________________________]
[________________________________] County Attorney's Office
[________________________________]
[________________________________]

_____________________________________________
[________________________________]

Sources and References

• RSA Chapter 504-A — Probationers and Parolees
• New Hampshire Rules of Criminal Procedure
• Morrissey v. Brewer, 408 U.S. 471 (1972)
• Gagnon v. Scarpelli, 411 U.S. 778 (1973)