Do I have the right to an attorney at the hearing?

Yes.[843] Before you waive the requirement to personally appear at the hearing or before you accept an offer of modification of your probation conditions, you should be informed that you have the right to an attorney, and if you cannot afford one, you have the right to a free attorney provided by the court.[844]

If you waive the right to an attorney, this waiver must be in writing.[845] Again, we suggest that you speak with an attorney or public defender prior to waiving your right to a revocation hearing.

  1. 843

    People v. Vickers, 8 Cal. 3d 451, 461 (“[T]he efficient administration of justice requires that the defendant be assisted by retained or appointed counsel at all revocation proceedings other than at summary proceedings had while the probationer remains at liberty after absconding.”). See also, Gagnon v. Scarpelli, 411 U.S. 778. ↑

  2. 844

    Pursuant to Cal. Penal Code § 1203.2(b)(2) ↑

  3. 845

    Cal. Penal Code § 1203.2(b)(2). ↑