Is hearsay evidence admissible in probation revocation proceedings?

California, United States of America


The following excerpt is from People v. Dowd, E067332 (Cal. App. 2018):

Furthermore, hearsay evidence is admissible in probation revocation proceedings. ( 1203.2, subd. (a); People v. O'Connell (2003) 107 Cal.App.4th 1062, 1066.) Ordinarily the question is the reliability of the hearsay evidence. The trial court's decision will not be overturned in the absence of a clear showing of abuse of discretion. (Abrams, supra, 158 Cal.App.4th at p. 400.)

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In order to preserve an evidentiary issue for appellate review, a party is required to make a contemporaneous objection on the proper grounds. (People v. Buford (1974) 42 Cal.App.3d 975, 982-983.) Making such an objection provides the trial court with the opportunity to correct any actual errors. It also provides the appellate court with a complete record in order to evaluate the trial court's exercise of discretion.

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