California Probation Laws Checked by San Bernardino County Appeals Court

By: Wallin & Klarich

Court holds probation department must explain why it wishes to require probationer to wear GPS monitoring device

Over the last several years the legislature has expanded the rights of the probation departments in California to impose new terms of probation as well as to set the level and type of supervision that each probationer will require. In the recent pending appeals case in San Bernardino County the court of appeal put a halt to the probation departments ability to impose new and different conditions on probationers without good cause.

Steve plead guilty to a felony and was placed on three years formal probation. The first two years of probation went without any probation violation incidents. Steve had no prior record. During the third year of probation the probation officer decided to add a new condition that Steve wear a GPS monitoring device 24/7 so the probation officer would know his whereabouts. Steve’s lawyer objected and demanded a hearing on the reason for this new probation condition. The trial court denied the defendants right to a hearing stated that the entire discretion as to terms of probation rested with the probation department and the court had no authority to review their reasons for imposing this condition of probation.

Luckily the court of appeals granted a writ and said that the court must hold a hearing to determine the reasonableness of this new probation term and whether they had abused their discretion in requiring this GPS device.
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If you are on probation and believe that the terms of your probation are unfair feel free to contact a California probation lawyer at Wallin and Klarich 24/7 for a free evaluation of your situation. You give up some rights when you agree to formal probation but you do not give up all of your legal rights.
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Posted In: Criminal Appeals