California, United States of America
The following excerpt is from People v. Rodriguez, G039831 (Cal. App. 3/20/2009), G039831 (Cal. App. 2009):
"As the language of section 1203.2 would suggest, the determination whether to grant or revoke probation is largely discretionary. [Citations.] The correct standard of proof to be used by the trial court in assessing whether there exists `reason to believe' the probationer has violated his probation or committed a new offense has been variously stated [citations]. Yet the authorities are unanimous in concluding that the standard of proof used in a criminal trial, namely the `beyond a reasonable doubt' standard [citation] is inapplicable to the probation revocation hearing. [Citations.] Accordingly, probation may be revoked despite the fact that the evidence of the probationer's guilt may be insufficient to convict him of the new offense. [Citations.]" (In re Coughlin (1976) 16 Cal.3d 52, 56.) "The standard of proof in probation revocation proceedings is proof by a preponderance of the evidence. [Citation.]" (People v. Stanphill (2009) 170 Cal.App.4th 61, 72.)
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