CALIFORNIA COURT: THERE IS NO VIOLATION OF PROBATION IF YOU FAIL TO REPORT AFTER YOU ARE DEPORTED
The defendant here was convicted, given probation, ordered to serve a year in the county jail. He was also ordered to report to probation within 24 hours of his release from jail, or, if he was deported, within 24 hours of his reentry into the US. Of course, it's rather absurd to think if he snuck back in after his deportation that the first thing he would do is go report himself, but that's another story.....
The defendant was deported, reentered and, of course, never reported. There's a case saying that on these facts a defendant can have his probation violated. (Campos, 198 CA3d 917.) This California COurt of Appeals disagrees. They point out that no one knows when the defendant reentered, so there's no evidence that the defendant failed to report to probation 24 hours after his reentry.
The def. did fail to report 24 hours after his release, but the Court of Appeals says that when the government deported him, the government made reporting impossible. They rule that a violation of probation may only be found if the violation was willful, which it wasn't here.
People v. Galvan; 2007 DJ DAR 15161; DJ, 10/1/07; C/A 2nd, Div. 3
Anyway
