What is the test for admitting or excluding evidence in a probation revocation hearing?
California, United States of America
The following excerpt is from People v. Nieto, F079049 (Cal. App. 2020):
"Before a defendant's probation may be revoked, a preponderance of the evidence must support a probation violation. [Citation.] A trial court's decision to admit or exclude evidence in a probation revocation hearing will not be disturbed on appeal absent an abuse of discretion." (People v. Shepherd (2007) 151 Cal.App.4th 1193, 1197-1198.)
"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 test for admitting unsubstantiated or unreliable evidence as substantive evidence in a probation revocation proceeding? (California, United States of America)
What is the test for admitting and considering hearsay evidence at a probation revocation hearing? (California, United States of America)
What is the test for admitting and considering reliable hearsay evidence at a juvenile probation revocation hearing? (California, United States of America)
What is the test for admitting or excluding evidence pursuant to section 352 of the California Evidence Code? (California, United States of America)
Can a defendant admit a probation violation and waive the revocation hearing? (California, United States of America)
What is the test for admitting or excluding evidence under section 352 of the Ontario Evidence Code? (California, United States of America)
What is the test for admitting or excluding evidence under section 352 of the Evidence Code? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)
