D.C. Super. Ct. Crim. R. 32.1

(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

hearing shall be held and the court shall decide whether to revoke probation no later

than 20 days after judgment or other final disposition of the criminal charges.

(C) The time limits set forth in this subparagraph may be extended for good cause.

If, within these time limits, or within any extension previously granted by the court, the

court does not decide whether probation should be revoked, the person may not be

further detained by reason of the alleged probation violation pending the court’s

decision.

(b) Modification.

(1) In General. Before modifying the conditions of probation, the court must hold a

hearing, at which the person has the right to counsel and an opportunity to make a

statement and present any information in mitigation.

(2) Exceptions. A hearing is not required if:

(A) the person waives the hearing; or

(B) the relief sought is favorable to the person and does not extend the term of

probation; and

(C) an attorney for the government has received notice of the relief sought, has had

a reasonable opportunity to object, and has not done so.

(c) Producing a Statement. Rule 26.2(a)-(d) and (f) applies at a hearing under this rule.

If a party fails to comply with a Rule 26.2 order to produce a witness's statement, the

court must not consider that witness's testimony.