Does a probationer have a right to be free of self-incrimination in a revocation proceeding?

California, United States of America


The following excerpt is from People v. Hostetler, F075386 (Cal. App. 2018):

Finally, a probationer has no right to be free of self-incrimination in a probation revocation proceeding and any compelled statements would be admissible in that instance. (Minnesota v. Murphy (1984) 465 U.S. 420, 435, fn. 7 ["Although a revocation proceeding must comport with the requirements of due process, it is not a criminal proceeding. [Citations.] Just as there is no right to a jury trial before probation may be revoked, neither is the privilege against compelled self-incrimination available to a probationer."].)

Other Questions


What is the difference between parole revocation proceedings and probation revocation proceedings? (California, United States of America)
Can a probationer be denied a right to exercise his constitutional right if he violates a probation condition? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Is a defendant's right to give substantive legal instructions to the jury ex parte implicates his right to be present at all trial proceedings? (California, United States of America)
Does a probationer have a right to be heard in person at a revocation hearing? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
Does the admission of evidence in a civil case of criminal proceedings against Fuentes violate his federal constitutional right to exercise his right to privacy? (California, United States of America)
What rights does a probationer or parolee have to cross-examine adverse witnesses at a revocation hearing? (California, United States of America)
What due process rights does a defendant have in a revocation proceeding? (California, United States of America)
Is a habeas corpus proceeding a continuation of a criminal proceeding? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.