Docket Info

Highlight

The State is required to provide prior written notice of the alleged probation violations to a probationer.
The trial court is not required to inform a probationer of his statutory right to appeal from a probation revocation. A probationer has no constitutional right to appeal and there is no notification requirement in North Dakota's statutes or rules of procedure.
A probationer does not have a constitutional right to counsel on appeal from a probation revocation because there is no constitutional right to appeal. A trial court has no duty to inform a probationer of his state-granted right to counsel, nor does a trial court have a duty to appoint counsel for a probationer, absent a probationer's request.
A probationer's right against double jeopardy is not violated by a trial court's imposition of additional probation as part of resentencing after probation is revoked.
North Dakota's statutory scheme provides a probationer with actual notice that a probation violation could result in the imposition of a sentence more severe than his originally imposed sentence.

Briefs

Counsel