What rights does a probationer or parolee have to cross-examine adverse witnesses at a revocation hearing?

California, United States of America


The following excerpt is from The People v. Franklin, No. E049204, No. FSB802569 (Cal. App. 2011):

Because "both the People and the probationer or parolee have a continued post-conviction interest in accurate fact-finding and the informed use of discretion by the trial court[,]... due process requires that a defendant at a probation revocation hearing be afforded, at a minimum, certain rights, including '"the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation).'"' [Citations.]" (People v. Shepherd, supra, 151 Cal.App.4th at pp. 1198-1199; see also People v. Burden (1980) 105 Cal.App.3d 917, 921.)

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