Can a defendant be found to have committed a breach of a probation condition?
California, United States of America
The following excerpt is from People v. Velez, 2d Crim. No. B272024 (Cal. App. 2017):
"California case law already articulates . . . a general presumption that a violation of a probation condition must be willful . . . ." (People v. Hall (2017) 2 Cal.5th 494, 501.) "So long as the requisite scienter is readily discernible, its omission from the text of the statute or probation condition poses little risk of 'trap[ping] the innocent.'" (Ibid.) There was no error.
The judgment is affirmed.
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