People v. Ward CA2/4

DISCUSSION

Appellant contends the trial court erred in revoking his probation without holding a formal probation revocation hearing or receiving a valid waiver of such a hearing.2 Probationers are entitled to due process protections prior to revocation, including a written notice of the claimed probation violation; disclosure of evidence against them; opportunity to be heard in person, present evidence, and cross-examine adverse witnesses; as well as a neutral tribunal and a statement of reasons for revoking probation. (Morrissey v. Brewer (1972) 408 U.S. 471, 489; People v. Vickers (1972) 8 Cal.3d 451, 457–459.) However, probationers are not entitled to “all the procedural safeguards of a criminal trial,” and personal waivers of the procedural rights are not required. (People v. Abrams (2007) 158 Cal.App.4th 396, 400; People v. Dale (1973) 36 Cal.App.3d 191, 195 (Dale).) A probationer’s failure to object to the procedures used, and the conduct of his or her attorney, can indicate acquiescence sufficient to effectuate a waiver. (Ibid.; see also People v. Martin (1992) 3 Cal.App.4th 482, 486 (Martin).) The court in Dale concluded that the probationer had waived his right to a…