Does a probation officer have an obligation to judiciously enforce a probation condition that prohibits a defendant from attending a court?

California, United States of America


The following excerpt is from People v. Sanders, C083500 (Cal. App. 2018):

In People v. Leon (2010) 181 Cal.App.4th 943, 946, 952-953, for example, the court rejected the argument that a probation officer would judiciously enforce a probation condition that prohibited the defendant, who pleaded no contest to several drug possession offenses and admitted a criminal street gang enhancement, from going to court unless he was a party, subpoenaed as a witness, or had the probation officer's permission. In doing so, the court reasoned, "[w]hile the trial court might expect the probation officer to routinely grant permission to defendant to be present at a court proceeding or courthouse unless defendant appeared to have an unlawful purpose, a gang-related purpose, or some other purpose related to future criminality, the probation condition [did] not provide this standard for granting or withholding approval." (Id. at

Page 12

Other Questions


Is a probation condition that prohibits a defendant from attending "any court proceeding" enforceable? (California, United States of America)
Is a probation condition of probation valid if it prohibits a defendant from engaging in sexual acts while on probation that is not in itself criminal? (California, United States of America)
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
How has the court treated a probation officer's report showing that he failed to report to his probation officer, pay restitution, submit verification of his employment, and attend counseling? (California, United States of America)
Is a challenged probation condition that prohibits a defendant from breaching the terms and conditions of probation unconstitutional? (California, United States of America)
Can a probation order that a defendant stay off welfare by getting and keeping a job as a condition of probation be enforceable? (California, United States of America)
Does a probation officer have an obligation to recommend a sentence based on the probation officer's report? (California, United States of America)
What is the effect of a probation condition that requires a defendant to follow any reasonable instruction given by her supervising probation officer? (California, United States of America)
What are the consequences of a court's decision to reinstate probation after a defendant has violated probation and been ordered to pay a restitution fine and court fees? (California, United States of America)
When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.