Under 410.20, the defendant must be present when the court increases or enlarges any conditions of probation for the modification.

• A. The defendant must be present if the court increases or enlarges any conditions of probation.
• B. The defendant must be present at all court hearings, regardless of modification.
• C. The defendant is not required to be present for probation modifications.
• D. The defense attorney must be present.

Answer: (A)

The key principle is that personal appearance is required when probation terms are being tightened. If the court plans to increase or enlarge any condition of probation, the defendant must be present. This protects the defendant’s due process rights and provides a real opportunity to be heard, respond to the proposed changes, and challenge or explain evidence or circumstances related to the modification. The defense attorney’s presence does not substitute for the defendant’s own appearance, and not every court hearing involves probation modifications, so attendance isn’t universally required. Therefore, the rule specifies the defendant must be present for modifications that increase probation conditions.