Is a defendant abused his position as a witness at his violation of probation hearing?

California, United States of America


The following excerpt is from The People v. Pough, C063260, SF101569A (Cal. App. 2010):

Defendant also contends the trial court abused its discretion in denying his motion to continue the violation of probation hearing until after his felony trial. The record does not reveal an abuse of discretion. Had defendant chosen to testify at the probation revocation hearing, that testimony "and any evidence derived from such testimony, is inadmissible against the probationer during subsequent proceedings on the related criminal charges, save for purposes of impeachment or rebuttal...." (People v. Coleman (1975) 13 Cal.3d 867, 889.) Because of this exclusionary rule, probation revocation hearings may be held "either before or after a probationer's trial on related charges" without a prejudicial impact on the defendant. (Ibid.)

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