What is the effect of new criminal allegations against a probationer at a revocation hearing?

California, United States of America


The following excerpt is from People v. Shafer, A148128 (Cal. App. 2017):

Any sanction imposed at a probation revocation hearing follows from the probationer's original conviction, and not from any new criminal allegations. (Lucido v. Superior Court (1990) 51 Cal.3d 335, 348.) Further, the total number of days a defendant spends in jail before sentencing or as a condition of probation "shall be credited" against the defendant's "term of imprisonment." ( 2900.5, subd. (a).) "If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served." (Ibid.) "Term of imprisonment" includes "any period of imprisonment imposed as a condition of probation or otherwise ordered by a court in imposing or suspending the imposition of any sentence" (Id., subd. (c).)

Other Questions


What is the effect of section 28 of the California Criminal Code on a person who has not been convicted of a criminal offence under the Criminal Code Act? (California, United States of America)
Is a probationer's testimony at a probation revocation hearing admissible at a subsequent criminal trial? (California, United States of America)
What is the effect of prior criminal convictions on evidence of criminal activity in criminal proceedings? (California, United States of America)
Can a finding at a probation revocation hearing specifically find that evidence of a crime allegedly committed by the probationer has not been demonstrated by the requisite quantum of proof? (California, United States of America)
What is the effect of a probation revocation hearing on a criminal trial? (California, United States of America)
Can a probationer's testimony be used as evidence at a revocation hearing for a criminal charge? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
What is the effect of section 1385(1) of the California Criminal Code on a motion to dismiss or reduce a criminal conviction? (California, United States of America)
Does a probationer have to choose between the privilege against self-incrimination and his opportunity to be heard at his revocation hearing? (California, United States of America)
What is the effect of scheduling a probation revocation hearing in advance of trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.