Is a probationer required to know what is required for the possession of certain items?
California, United States of America
The following excerpt is from People v. Bito, H036375 (Cal. App. 2012):
We recognize that in order to be sufficiently precise for a probationer to know what is required of him or her, a requirement of knowledge should be included in some probation conditions prohibiting the possession of specified items. (People v. Freitas (2009) 179 Cal.App.4th 747, 751-752.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
Can a probationer be punished for presence, possession, or other actions without the knowledge required? (California, United States of America)
Does a probation condition that prohibits possession of certain items that are already subject to restriction need to be made explicit? (California, United States of America)
Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement? (California, United States of America)
When a defendant is convicted of possession of a firearm by an ex-felon, is the jury required to agree on which one or more of the guns defendant possessed? (California, United States of America)
Does a probation condition prohibiting the possession and consumption of alcohol need to be interpreted as requiring the probationer to have taken the action knowingly? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
Does a state statute requiring an attorney to disclose certain terms under which his services can be advertised require that the attorney's advertising must contain a disclaimer? (California, United States of America)
If a probationer is in possession of a firearm, can the probationer be found to have no knowledge of the weapon? (California, United States of America)
What is the difference between the requirement of proof beyond a reasonable doubt and the test required by the Sixth Amendment? (California, United States of America)
