In what circumstances will a probation officer be induced to admit to a violation of the conditions of his probation?

California, United States of America


The following excerpt is from People v. Calloway, 175 Cal.Rptr. 596, 29 Cal.3d 666, 631 P.2d 30 (Cal. 1981):

In this case, appellant was induced to admit that he had violated the conditions of his probation only after the judge [29 Cal.3d 674] made an express personal commitment not to send him to prison. In addition to admitting the violation and giving up his procedural rights to contest whether the violation occurred (see People v. Vickers (1972) 8 Cal.3d 451, 455, 105 Cal.Rptr. 305, 503 P.2d 1313), appellant was also required by the terms of the bargain to submit to a 90-day period of diagnostic confinement at a state prison facility before the final sentencing decision was made. Appellant in all respects complied with his end of the bargain, admitting the probation violation, giving up his procedural rights and undergoing the period of diagnostic imprisonment.

Other Questions


In a motion to revoke and reinstate probation and remand the matter for further proceedings, what is the difference between a violation of probation and a breach of the probation conditions? (California, United States of America)
What is the test for a probation officer to obtain a probation report from the probation office? (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)
Does the probation department have an obligation to notify the probation officer of an arrest warrant for violation of probation? (California, United States of America)
When can a probation officer, parole officer, or peace officer revoke probation and rearrest a person? (California, United States of America)
What is the effect of a condition of probation imposed by the juvenile court on a minor who violated the terms of his probation? (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)
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 test for relying on a minor's probation search condition to uphold the legality of a search by a probation officer? (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.