2.3Arraignment on the Charge

“At the arraignment on the alleged probation violation, the court must

(1) ensure that the probationer receives written notice of the alleged violation,

(2) inform the probationer whether the alleged violation is charged as a technical or non-technical violation of probation, and the maximum possible jail or prison sentence,

(3) advise the probationer that

(a) the probationer has a right to contest the charge at a hearing, and

(b) the probationer is entitled to a lawyer’s assistance at the hearing and at all court proceedings, including the arraignment on the violation/bond hearing, and that a lawyer will be appointed at public expense if the probationer wants one and is financially unable to retain one,

(4) if requested and appropriate, refer the matter to the local indigent criminal defense system’s appointing authority for appointment of a lawyer,

(5) determine what form of release, if any, is appropriate, and

(6) subject to [MCR 6.445(C)¹], set a reasonably prompt hearing date or postpone the hearing.” MCR 6.445(B).

“[A] probationer at a revocation proceeding has the right to counsel.” People v Kitley, 59 Mich App 71, 73 (1975). The trial court must advise the defendant of the right to be represented by either appointed or retained counsel. Id.

“[D]ue process . . . require[s] the trial court, at the very least, to specifically inform each defendant that, as an alternative to pleading guilty, he has the right to a hearing in which he will have an opportunity to contest the charges against him.” People v Edwards, 125 Mich App 831, 833 (1983). “Failure to so inform the defendant requires reversal absent direct and affirmative proof that the defendant was aware that he had such a right and that it would be waived by a plea of guilty.” Id.

See also the Michigan Judicial Institute’s probation violation Arraignment Checklist.