The Alabama Court of Criminal Appeals recently presided over an appeal from Marion County, affirming the enduring significance of procedural rights in revocation proceedings. This case, Brandon Colby Hayes v. State of Alabama, clarifies the procedural necessity of a formal revocation hearing for community-corrections placements, thereby extending the policy for probation revocation in this area.

Brandon Colby Hayes was initially convicted of unlawful possession of a controlled substance, along with three counts of theft of property in the first degree and one count in the second degree. On September 22, 2023, a delinquency report was filed, alleging new charges: burglary in the third degree and attempted theft of property in the second degree. The report also alleged that Hayes had failed to pay his community-corrections fees. During his revocation hearing on November 8, 2023, Hayes acknowledged the allegations and advocated for a rehabilitation program to address personal challenges in his life contributing to his behavior, including the death of his father. Despite Hayes’s request, the circuit court revoked Hayes’s community-corrections placement, determining that Hayes needed confinement instead.

On appeal, Hayes argued against the revocation of his prior placement. Hayes asserted that, under Rule 27.6 of the Alabama Rules of Criminal Procedure, he was entitled to a formal hearing, which he did not waive under Rule 27.6(c). While Rule 27.6 expressly applies to probation revocation, Alabama law treats community-corrections revocation equivalently.

Reviewing Hayes’s argument, the Court emphasized the importance of complying with procedural requirements, noting the critical relationship between proper procedure and due process rights. Although Hayes acknowledged the allegations, without ensuring that Hayes fully understood his rights and voluntarily waived them, Hayes’s admission could not be accepted. The Court noted that a formal hearing is a constitutional due process right, and therefore Hayes was entitled to an opportunity to be fairly heard. Accordingly, the revocation was reversed, and the case was remanded for further proceedings that adhere to procedural requirements.

The case of Brandon Colby Hayes v. State of Alabama illustrates the delicate relationship between procedure and due process. Legal procedure outlines critical guidelines to ensure efficiency and consistency throughout all court proceedings. Procedural rules also serve an additional purpose, acting as a vital safeguard to prevent abuses that could infringe on the due process rights of the accused. Criminal defendants, even after being initially charged, maintain an entitlement to understand their rights, with the right to be formally heard preserved throughout the process.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Joe Ingram Law LLC at 205-335-2640. Get Relief Get Results.