RHODE ISLAND CRIMINAL DEFENSE A Practice Manual – Presence of Defendant

RI Criminal Defense Practice Manual CoverRHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald

PROBATION VIOLATION HEARINGS

Presence of Defendant

State v. Arroyo, 403 A.2d 1086 (R.I. 1979). Defendant’s probation violation hearing was commenced and concluded while he had fled the state. Sentencing was held until his extradition to Rhode Island. R.I.S.C. remanded the matter for a new hearing ruling that a probation violation hearing may not commence without defendant’s presence, regardless of whether defendant’s absence is voluntary or involuntary.

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