Can a probationer's testimony be used as evidence at a revocation hearing for a criminal charge?

California, United States of America


The following excerpt is from People v. Jasper, 191 Cal.Rptr. 648, 33 Cal.3d 931, 663 P.2d 206 (Cal. 1983):

An identical contention was considered by us in People v. Coleman, supra, 13 Cal.3d 867, 120 Cal.Rptr. 384, 533 P.2d 1024. There, we indeed acknowledged the "tails we win, heads you lose" dilemma which theretofore probationers had faced during pretrial probation revocation hearings. (Pp. 876-878, 120 Cal.Rptr. 384, 533 P.2d 1024.) Rather than adopt an absolute rule barring such hearings prior to trial on pending criminal charges, however, we unanimously concluded that the lesser remedy of a limited exclusionary rule, precluding subsequent prosecutorial use of a probationer's testimony or its fruits affords a defendant an adequate safeguard.

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