Is a challenged probation condition that prohibits a defendant from breaching the terms and conditions of probation unconstitutional?

California, United States of America


The following excerpt is from People v. Pagaduan, H039308 (Cal. App. 2013):

The Attorney General contends that the challenged probation condition "is not constitutionally infirm because a knowledge requirement is implicit in the condition." The Attorney General points out that a probation violation must be willful. As explained by the court in People v. Cervantes (2009) 175 Cal.App.4th 291, 295: "A court may not revoke probation unless the evidence supports 'a conclusion [that] the probationer's conduct constituted a willful violation of the terms and conditions of probation.' [Citation.] Where a probationer is unable to comply with a probation condition because of circumstances beyond his or her control and defendant's conduct was not contumacious, revoking probation and imposing a prison term are reversible error. [Citation.]"

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