Rule 6-802. Return of the probation violator.

A. Probation. The court shall have the power to suspend or defer a sentence and impose conditions of probation during the period of suspension or deferral. B. Violation of probation. At any time during probation if it appears that the probationer may have violated the conditions of probation (1) the court may issue a warrant or bench warrant for the arrest of a probationer for violation of any of the conditions of probation. The warrant shall order the probationer to the custody of the court or to any suitable detention facility; (2) the court may issue a notice to appear to answer a charge of violation. C. Initial hearing. (1) Probationer not in custody. A probationer who is not in custody shall be noticed to appear not more than fifteen (15) days after the filing of a probation violation or, if no violation is filed, not more than fifteen (15) days after the court has reason to believe that the probationer may have violated the conditions of probation. (2) Probationer in custody. A probationer who is in custody within this state shall be arraigned on the probation violation as soon as practicable, but in any event no later than three (3) days after the probationer is detained if the probationer is being held in the local detention center, or no later than five (5) days after the probationer is detained if the probationer is not being held in the local detention center. D. Adjudicatory hearing. On notice to the probationer, the court shall hold a hearing on the violation charged. If the probationer is in custody the hearing shall be held as soon as practicable, but in any event no later than ten (10) days after the initial hearing. If the probationer is not in custody the hearing shall be held no later than thirty (30) days after the initial hearing. If the violation is established, the court may continue the original probation, revoke the probation, and either order a new probation or require the probationer to serve the balance of the sentence imposed or any lesser sentence. If imposition of sentence was deferred, the court may impose any sentence which might originally have been imposed, but credit shall be given for time served on probation, unless that credit is specifically prohibited by statute. E. Appeals. The decision of the court to revoke probation may be appealed to the district court as otherwise provided in these rules. The only issue the district court will address on appeal will be the propriety of the revocation of probation. The district court shall not modify the sentence of the magistrate court.