Hearing; procedure; burden of proof; findings; final judgment
Sec. 12. (a) Upon the filing of a petition for revocation of
probation, the court shall do the following:
(1) Set a date for a hearing upon the petition that is not earlier
than twenty (20) days nor later than forty-five (45) days from
the date of the filing of the petition for review.
(2) Hold a hearing on the date set, unless the proceeding is
continued by order of the court.
(3) Cause notice of the hearing date to be sent to all parties.
(b) At the hearing, the prosecuting attorney must bear the burden
of proof by a preponderance of the evidence to prevail.
(c) If the court finds that the person has violated any terms of the
probation, the court shall do the following:
(1) Record each of its findings in writing.
(2) Obtain the person's license.
(3) Order the bureau to suspend the person's driving privileges
for a period equal to the period of suspension originally
imposed under section 5 of this chapter.
(4) Not place the person on probation under section 9 of this
chapter.
(d) If the court finds that the person has not violated any of the
terms of the person's probation, the court shall do the following:
(1) Record each of the court's findings in writing.
(2) Continue the person on probation for the remainder of the
probationary period.
(e) The court's findings under subsection (c) or (d) constitute a
final judgment from which either party may appeal. An appeal does
not act as a stay of the court's findings and orders.
As added by P.L.2-1991, SEC.18.
Last modified: May 27, 2006