Can a probationer be punished for a violation of a condition of probation?
California, United States of America
The following excerpt is from People v. Johnson, F065152 (Cal. App. 2014):
A violation of a condition of probation must be willful and knowing. (People v. Moore (2012) 211 Cal.App.4th 1179, 1188.) "[A] trial court may not revoke probation unless the defendant willfully violated the terms and conditions of probation. [Citations.]" (Id. at p. 1186.) A probationer cannot be punished for presence or possession without proof of knowledge. (Ibid.) The addition of an express knowledge
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