What is the burden of proof required for a probation violation?
California, United States of America
The following excerpt is from People v. Saxton, B271012 (Cal. App. 2017):
The People presented sufficient evidence to support the finding that defendant violated his probation. (Pen. Code, 1203.2, subds. (a), (b)(1), 1203.3, subd. (b), 3000.08, 3010.10; see People v. Rodriguez (1990) 51 Cal.3d 437, 447 [burden of proof is preponderance of the evidence].)
"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
What is the burden of proof required for defendant to have his felony conviction of violating Vehicle Code section 10851 reduced to a misdemeanor under Penal Code section 1170.18? (California, United States of America)
What is the burden of proof required for a plaintiff to prove their claim is timely under the continuing violation doctrine? (California, United States of America)
Does a probation order requiring a defendant to pay fines on or before the end of probation violate his right to due process and equal protection? (California, United States of America)
Does a finding by us that the probation violation was not willful require us to reinstate probation? (California, United States of America)
What is the burden of proof at a revocation hearing for a probation violation? (California, United States of America)
What is the burden of proof at a probation violation hearing? (California, United States of America)
What is the standard of proof required for a probationer or parolee to be convicted of a violation of the conditions of their probation? (California, United States of America)
What is the standard of proof required to prove a probationer has violated the conditions of their probation? (California, United States of America)
In a motion to revoke and reinstate probation and remand the matter for further proceedings, what is the difference between a violation of probation and a breach of the probation conditions? (California, United States of America)
Does the probation department have an obligation to notify the probation officer of an arrest warrant for violation of probation? (California, United States of America)
