What are my rights at a probation revocation hearing?

May 22, 2011

Often, violation of probations carries more exposure then the plea bargain itself. Paris Hilton and Lindsey Logan were sentenced to jail not after pleading guilty but after being found in violation of probation.

So, what is probation? Probation is a period during which a probationer has to abide by certain rules. In exchange for an easier sentence, the probationer can be ordered to
(1) do some jail,
(2) do some community service,
(3) do an alcohol education program and an alcohol deterrence class,
(4) wear an alcohol detection bracelet,
(5) install an ignition interlock
(6) ordered not to drink or not to drink with any measurable amount of alcohol,
(7) ordered to drive only with a valid driver license and insurance,
(8) ordered to submit to a chemical testing if requested by a police officer,
(9) ordered not to violate any law.

In addition, the court can impose whatever orders it deemed appropriate. If during the probation, one of the orders is violated, the court can hold a probation revocation hearing and sentence the probationer to whatever the court deems an appropriate punishment, including jail time.

In cases of DUI’s in Los Angeles County, the probation is “informal”, also called “summary” or “court probation”, which means that there is no probation officer to report too and no probation fees to pay. Contrast that to a DUI in Ventura County, where the courts routinely order formal probation that require reporting to a probation officer once per month and a payment of probation costs of approximately $1,500.00.

If the probationer gets arrested for yet another crime, he or she will likely face a probation violation hearing after which the court will determine if there is a violation of the probation and what the punishment should be.

The probationers have due process rights (14th amendment) at the probation revocation hearings.

In California, the rights originate mostly in People v. Vickers, a 1972 Supreme Court case which in turn mostly relied on the US Supreme Court decision in Morrissey v. Brewer to give probationers the following rights
(1) right to counsel;
(2) written notice of the claimed violation;
(3) disclosure to the probationer of the evidence against him or her;
(4) opportunity to be heard in person and to present witnesses and documentary evidence;
(5) the right to confront and cross-examine adverse witnesses;
(6) a neutral and detached hearing body;
(7) a written statement of the fact finder as to the evidence relied on and the reasons to revoke if the court has not stated its reasons on the record.

Keep in mind, should you start reading Morrissey opinion, Morrissey’s court dealt with a parole revocation hearing, where as Vicker’s court dealt with a probation revocation, but it adopted the entire scheme for the probation revocation hearings.

When a defendant admits to a probation violation without waiving those rights, the probation violation is invalid and should be reversed.

For the detailed discussion of your DUI case or a probation violation hearing, please contact Los Angeles DUI Attorneys directly at 323-464-6424.

 

 

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