What happens if a very important witness doesn’t show up to the probation revocation hearing, even though he/she was required to attend?

If a very important (called “material”) state witness fails to attend a parole revocation hearing, and the hearing cannot fairly proceed without the witness, the court can postpone the hearing or dismiss the case.[865]

  1. 865

    To decide whether the witness’s testimony would be “material,” the court will weight the importance of the witness’s expected testimony against the availability and reliability of any alternative source of the same information. Also, if the state’s material witnesses fail to appear, but your witnesses are present, you and your attorney may want to ask that the court to take the testimony of your witnesses before postponing the rest of the hearing.

    See Cal. Penal Code § 1050(e).