In a probation revocation hearing, can a witness give evidence that would not otherwise be admissible in a criminal trial?

California, United States of America


The following excerpt is from People v. Wells, D075174 (Cal. App. 2020):

In a probation revocation hearing, the defendant's "confrontation rights, however, are not absolute, and where appropriate, witnesses may give evidence by ' "affidavits, depositions, and documentary evidence" ' " that would not otherwise be admissible in a criminal trial. (Abrams, supra, 158 Cal.App.4th at p. 400.) In a probation revocation hearing different rules apply to the admission of documentary hearsay evidence and testimonial hearsay evidence. When the hearsay evidence is documentary in nature, its admission will be consistent with the defendant's right to due process if the court finds sufficient "indicia of reliability." (People v. Maki (1985) 39 Cal.3d 707, 715-717

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