Is a probation term that requires a defendant to give up his right to exercise his constitutional right under probation terms an abuse of discretion?

California, United States of America


The following excerpt is from In re K.Y., E047436 (Cal. App. 10/9/2009), E047436. (Cal. App. 2009):

We review a trial court's choice of probation terms for abuse of discretion. "In granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety pursuant to Penal Code section 1203.1." (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) A condition will not be invalidated unless it "`(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality. . . .'" (People v. Lent (1975) 15 Cal.3d 481, 486.) A condition that requires a defendant to give up a constitutional right is not necessarily unconstitutional. (Gilliam v. Municipal Court (1979) 97 Cal.App.3d 704, 708.)

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