Rule 32.1. Revoking or Modifying Probation
(a) Revocation.
(1) Preliminary Hearing.
(A) In General. If a person is in custody for violating a condition of probation, the
court must, within the time limits set forth in Rule 32.1(a)(3), conduct a hearing to
determine whether there is probable cause to believe that a violation occurred. The
person may waive the hearing.
(B) Requirements. The hearing must be recorded by a court reporter or by a suitable
recording device. The court must give the person:
(i) notice of the hearing and its purpose, the alleged violation, and the person's
right to retain counsel or to request that counsel be appointed if the person cannot
obtain counsel;
(ii) an opportunity to appear at the hearing and present evidence; and
(iii) upon request, an opportunity to question any adverse witness.
Whenever the alleged violation of probation is based on an arrest for a criminal
offense allegedly committed while on probation, a preliminary hearing held pursuant to
Rule 5.1 may serve as the preliminary revocation hearing required by this subparagraph
if the provisions of this subparagraph have been fully satisfied.
(C) Finding. The finding of probable cause may be based upon hearsay evidence in
whole or in part. If the court finds probable cause, the court may release or detain the
person under D.C. Code § 23-1325 (b) (2012 Repl.), and must conduct a revocation
hearing. If the court does not find probable cause, the court must dismiss the
proceeding.
(2) Revocation Hearing. Unless waived by the person, the court must hold the
revocation hearing within the time limits set forth in Rule 32.1(a)(3). The person is
entitled to:
(A) written notice of the alleged violation;
(B) disclosure of the evidence against the person;
(C) an opportunity to appear, present evidence, and question any adverse witness
unless the court determines that the interest of justice does not require the witness to
appear; and
(D) notice of the person's right to retain counsel or to request that counsel be
appointed if the person cannot obtain counsel; and
(E) an opportunity to make a statement and present any information in mitigation.
(3) Time Limits.
(A) Whenever the person is held in custody pending the final revocation hearing, the
court must hold the final revocation hearing and decide whether to revoke probation no
later than 60 days after the preliminary revocation hearing.
(B) Whenever the alleged violation of probation is based on an offense allegedly
committed while on probation, which is also the subject of criminal charges against the
person, the person shall have the right to have the final revocation hearing postponed
beyond the 60-day time limit pending final disposition of the criminal charges. Any such
postponement at the person’s request shall have the effect of tolling the computation of
time under this subparagraph. If the person exercises the right to postpone the final
revocation hearing pending final disposition of the criminal charges, a final revocation