Does the privilege against self-incrimination apply to a probationer who commits a crime and has his probation revoked?

California, United States of America


The following excerpt is from People v. Pacchioli, 12 Cal.Rptr.2d 156, 9 Cal.App.4th 1331 (Cal. App. 1992):

We find Pacchioli's situation not unlike that of the probationer who commits a crime and has his probation revocation hearing before his trial on the new offense which triggered the revocation. Under those circumstances "there is the policy of maintaining ' "a fair state-individual balance" ' at the subsequent criminal trial ' "by requiring the government ... in its contest with the individual to shoulder the entire load." ' [Citations.] Together with the demands of due process that an accused be presumed innocent and that his guilt be established beyond a reasonable doubt [citations], the privilege against self-incrimination requires the prosecution in a criminal trial to produce sufficient evidence to establish the defendant's guilt before he must decide whether to remain silent or to testify in his own behalf. [Citations.]" (People v. Coleman (1975) 13 Cal.3d 867,

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