What are the circumstances in which a defendant has been found to have breached her probation by failing to attend a hearing?

California, United States of America


The following excerpt is from People v. Rome, A149112 (Cal. App. 2017):

contends that these facts are most similar to those discussed in People v. Zaring (1992) 8 Cal.App.4th 362. There, a trial court decided to send the defendant, Zaring, to prison rather than to a drug program because she appeared 22 minutes late for a hearing; although the trial court accepted her explanation that she had had unforeseen child care problems, it found her conduct was a willful violation of her probation. (Id. at pp. 365-367, 376-377.) The appellate court reversed for abuse of discretion, stating that judicial discretion "requires the application of sound judgment that takes into consideration that life is not always predictable and that things do not always go according to plan." (Id. at p. 379.)

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