What happens if a defendant loses an oral motion to revoke her probation?

California, United States of America


The following excerpt is from People v. Curry, 1 Cal.App.5th 1073, 205 Cal.Rptr.3d 328 (Cal. App. 2016):

5 The oral motion is treated as a second petition. (See People v. Amaya (2015) 242 Cal.App.4th 972, 974975, 196 Cal.Rptr.3d 556.) Following denial of her renewed petition, defendant admitted violating probation, whereupon she was readmitted to probation on pretty much the same conditions.

5 The oral motion is treated as a second petition. (See People v. Amaya (2015) 242 Cal.App.4th 972, 974975, 196 Cal.Rptr.3d 556.) Following denial of her renewed petition, defendant admitted violating probation, whereupon she was readmitted to probation on pretty much the same conditions.

6 And a position she has clearly reconsidered.

6 And a position she has clearly reconsidered.

Other Questions


In a motion to revoke and reinstate probation and remand the matter for further proceedings, what is the difference between a violation of probation and a breach of the probation conditions? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does a motion to revoke the grant of probation of a defendant who embezzled from her employer constitute a violation of the terms of her probation? (California, United States of America)
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)
Does the Attorney General have jurisdiction to sentence a defendant who violated probation for indecent exposure after the trial court has formally revoked his probation? (California, United States of America)
Can a defendant appeal against a finding that he violated section 314 of the Penal Code in a motion to revoke his probation? (California, United States of America)
Is a probation condition of probation valid if it prohibits a defendant from engaging in sexual acts while on probation that is not in itself criminal? (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 the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.