Virginia Code

Va. Code Ann. § 53.1-170 (2026)

Rights of parolee or probationer at hearing

✓ current as of May 2026

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With respect to any hearing held pursuant to this article, the parolee or probationer:

1. Shall have reasonable notice in writing of the nature and content of the allegations made, including notice that its purpose is to determine whether there is probable cause to believe that he has committed a violation of a condition of parole or probation;

2. Shall be permitted to consult with any persons whose assistance he reasonably desires, prior to the hearing;

3. Shall have the right to confront and examine any person who has made allegations or given evidence against him, unless the hearing officer determines that such confrontation would present a substantial present or subsequent danger of harm to such person;

4. May admit, deny or explain the violation alleged and may present proof, including affidavits and other evidence, in support of his contentions.

Code 1950, § 53-290.3; 1975, c. 39; 1982, c. 636.

Notes of Decisions

Cited in 3 cases, 1984–2005 · leading case: Heacock v. Commonwealth, 321 S.E.2d 645 (Va. 1984).

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Heacock v. Commonwealth, 321 S.E.2d 645 (Va. 1984). · cites it 2× “…determines that such confrontation would present a substantial present or subsequent danger of harm to such person”. Code § 53.1-170(3).”

Frank Edward Osborne v. Commonwealth (Va. Ct. App. 2005). · cites it 2× “606, 612-13 (1985); Code § 53.1-170. -7- IV. Appellant asserts that the trial court erred in not granting a continuance because his counsel was not prepared to cross-examine Ms.”

Emineth v. Johnson, 13 Va. Cir. 340 (1988). · cites it 2× “See Va. Code Ann. § 53.1-170 (Repl. Vol. 1982).”

— Va. Code Ann. § 53.1-170(3) — 1 case

Heacock v. Commonwealth, 321 S.E.2d 645 (Va. 1984). “…determines that such confrontation would present a substantial present or subsequent danger of harm to such person”. Code § 53.1-170(3).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.