... if witness is a probation officer?
Responses (1)
In many jurisdictions it is legal for a probation officer to confer with the prosecuting attorney during the prosecution of a defendant during a violation of probation hearing. Whether it is "right" as you ask, is a question left to the discretion of the court.
The above is subject to the "rule of sequestration" which may be invoked by a party of the Court. The "rule of sequestration" is found in Rule 615, Federal Rules Evidence, and adopted in most states (we practice in Florida www.flalegalhelp.com ). Rule 615 reads:
"At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony. Or the court may do so on its own. But this rule does not authorize excluding:
(a) a party who is a natural person;
(b) an officer or employee of a party that is not a natural person, after being designated as the party’s representative by its attorney;
(c) a person whose presence a party shows to be essential to presenting the party’s claim or defense; or
(d) a person authorized by statute to be present."
As you can read the Court "must order the probation officer excluded..." if the defendant requests. Generally, the probation officer will not fit within one of the four listed exceptions. The rule of sequestration may be invoked at any time. Koberlein Law Offices, PLLC.