What are the circumstances in which a probation officer found there was no evidence of addiction in a probation report?
California, United States of America
The following excerpt is from People v. Bejarano, 114 Cal.App.3d 693, 173 Cal.Rptr. 71 (Cal. App. 1981):
The only evidence of addiction was appellant's self-serving statement in the probation report. At another point appellant told the probation officer that he was in good health. His counsel argued the point in mitigation. The court found that there were no circumstances in mitigation. People v. Regalado (1980) 108 Cal.App.3d 531, 166 Cal.Rptr. 614, which was a closely analogous case, controls.
Page 79
"The most advanced legal research software ever built."
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)
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 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)
Can a probation officer's report be used to determine the sentence of a defendant who has not received a probation report? (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)
On the basis that a probation officer report is inadmissible hearsay, what is the defense's position not to call any witnesses or cross-examine the probation officers? (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)
Does a probation officer have an obligation to recommend a sentence based on the probation officer's report? (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)
Is a defendant entitled to a probation report from the probation officer regardless of whether he is eligible for probation? (California, United States of America)
