February 03, 2012, 08:57T. Philip Washington
Discovery Rules for Modification Hearing
Can anyone point me to a statute or case the explains why defense attorneys are not entitled to discovery in a modification hearing?
Dawson's explains that, "modification of a juvenile probation, like revocation of criminal community supervision, is not a "criminal prosecution" within the meaning of the Sixth Amendment constitutional guarantee."
Some colleagues have advised that, like an adult revocation hearing, a juvenile modification hearing is an administrative matter and therefore, the Code Criminal Procedure doesn't apply.
That being said, the consensus of those I've spoken to has been that the defense is entitled to a Witness List, which puts them on notice of who they should prepare to defend against. But, that they are not entitled to any other discovery, for example, extraneous offenses.
I plan to ask the Court to modify a juvenile's SL5 probation by sending him to TYC and want to ensure that I have all my bases covered.
Any help is greatly appreciated,