What does the prosecutor (D.A.) need to prove?

The prosecutor, also known as the District Attorney (DA), must prove that is more likely than not that you violated probation.[838]

Unlike a criminal trial where the DA must prove the case “beyond a reasonable doubt,” the DA in a probation revocation hearing only needs to prove by a “preponderance of the evidence” that you violated probation.[839]

  1. 838

    People v. Rodriguez, 51 Cal.3d 437, 441 (1990). (“Considerations of both law and policy dictate that the facts in a probation revocation hearing be provable by a preponderance of the evidence. First, constitutional principles permit the revocation of probation when the facts supporting it are proven by a preponderance of the evidence. While no constitutional provision declares a standard of proof for probation revocation hearings, the United States Supreme Court has indicated that due process requires no stricter standard of proof in probation revocation hearings than a preponderance of the evidence.”)

  2. 839

    People v. Rodriguez, 51 Cal.3d 437, 441 (1990).