Is a probation officer an impartial magistrate?

California, United States of America

The following excerpt is from Arron C., In re, 59 Cal.App.4th 1365, 69 Cal.Rptr.2d 852 (Cal. App. 1997):

The majority opinion's analysis fails for two reasons. First, it overplays the relationship between the juvenile court and the probation officer. Even [59 Cal.App.4th 1376] though the juvenile court has some control over the probation office, ¹ the probation office is not synonymous with the court or its clerks. (Cf. Griffin v. Wisconsin (1987) 483 U.S. 868, 876, 107 S.Ct. 3164, 3169, 97 L.Ed.2d 709 [describing adult probation officer as not an impartial magistrate].)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)

When can a probation officer, parole officer, or peace officer revoke probation and rearrest a person? (California, United States of America)

What is the test for a probation officer to obtain a probation report from the probation office? (California, United States of America)

How has the probation officer treated the responses of a probation officer to a defendant's references? (California, United States of America)

When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)

Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation? (California, United States of America)

Can a probation officer request that appellant be released from probation even though appellant was on probation? (California, United States of America)

How has the court treated a probation officer's report showing that he failed to report to his probation officer, pay restitution, submit verification of his employment, and attend counseling? (California, United States of America)

Does a probation officer have an obligation to recommend a sentence based on the probation officer's report? (California, United States of America)

What is the test for calling testimony from the prior victim's probation officer and her probation officer on an uncharged charge? (California, United States of America)

Is a probation officer an impartial magistrate?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources