1. You are accused of violating one or more of your probation conditions. You have the following basic rights:
  a. To receive written notice of the alleged probation violation(s).
  b. To plead guilty or not guilty or to stand mute. If you stand mute, a plea of not guilty will be entered. 
  c.  To contest the charge(s) at a hearing.
  d. To a lawyer’s assistance at the hearing and at all subsequent court proceedings. 

2. At the arraignment, the court must inform you whether the alleged violation is charged as a technical or non-technical    
  violation of probation, and the maximum possible jail or prison sentence. A “technical probation violation” means any  
 
  violation of the terms of a probation order, including missing or failing a drug test, excluding the following:
  a. A violation of an order of the court requiring that a probationer have no contact with a named individual.
  b. A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal 
 
  c.  The consumption of alcohol by a probationer who is on probation for a felony violation of MCL 257.625. 
  d. Absconding, defined as the intentional failure of a probationer to report to his or her supervising agent or to advise his 
 

    or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.

    law, whether or not a new criminal offense is charged.

3. You have the right to a lawyer appointed at public expense if you want a lawyer and you are financially unable to retain 
  one. The appointing authority will decide if you are indigent and appoint a lawyer if you are eligible. If you are able to 
  pay part of the cost of a lawyer, the court may require you to contribute to the cost of providing a lawyer and may 
  establish a plan for collecting the contribution. You may contest your ability to pay the ordered fees if the court attempts 
 

to collect any costs for a lawyer, and the court must determine your ability to pay at that time. 

4. If you plead guilty and your plea is accepted, you will give up the right to a contested hearing and a lawyer’s assistance 
  at the hearing. 

5. The court must set a reasonably prompt hearing date or postpone the hearing. If a probationer is being held in custody  
 
for an alleged probation violation, the probation violation hearing must be held within the permissible jail sentence for the 
  probation violation, but in no event longer than 14 days after the arrest or the court must order the probationer released 
 
from that custody pending the hearing. If the alleged violation is based on a criminal offense that is a basis for a separate 
  criminal prosecution, the court may postpone the hearing for the outcome of that prosecution.

6. At a contested violation hearing: 
  a. The evidence against you must be disclosed to you. 
  b. You have the right to be present at the hearing, to present evidence, and to examine and cross-examine witnesses. 
  c.  The court may consider only evidence that is relevant to the violation alleged, but it need not apply the rules of  
 
  d. The prosecuting attorney’s burden of proving a violation is by a preponderance of the evidence.

    evidence except those pertaining to privileges. 

 

7. If the court finds that you have violated a condition of probation, or if you plead guilty or no contest to a violation, the court 
  may continue probation, modify the conditions of probation, extend the probation period, or revoke probation and  
 
 

impose a sentence of incarceration pursuant to law.

 

                     

 

 

 

 

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STATE OF MICHIGANJUDICIAL DISTRICT JUDICIAL CIRCUITPROBATION VIOLATIONARRAIGNMENT ADVICE OF RIGHTSCASE NO. and JUDGECourt addressCourt telephone no.Approved, SCAOForm MC 446, Rev. 9/22MCL 771.4, MCL 771.4b, MCR 6.003(7), MCR 6.445Page 1 of 2Distribute form to: Court  Defendant  
 

 

Probation Violation Arraignment Advice of Rights 
Page 2 of 2

(9/22)

Case No. 
 

8. Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except  
  when the court allows otherwise, for good cause shown. If you are not able to pay due to financial hardship, contact  
 

the court immediately to request a payment alternative. MCR 6.425(D)(3).

Note: If you require accommodations to use the court because of disabilities or if you require a foreign language 
interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.

City, state, zip                                                                            Telephone no.

Defendant signature

Defendant name (type or print)

Address

 

                     

                     

                     

 

   

 

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