15.28Probation Violation Hearing Procedure1
In designated proceedings where a delayed imposition of sentence has been ordered, probation violation hearings must be conducted pursuant to MCR 3.944(C),2 which governs probation violation hearings in juvenile delinquency proceedings. MCR 3.956(B)(3).3 MCR 3.944(C) provides:
“(1) At the probation violation hearing, the juvenile has the following rights:
(a) the right to be present at the hearing,
(b) the right to an attorney pursuant to MCR 3.915(A)(1),
(c) the right to have the petitioner prove the probation violation by a preponderance of the evidence,
(d) the right to have the court order any witnesses to appear at the hearing,
(e) the right to question witnesses against the juvenile,
(f) the right to remain silent and not have that silence used against the juvenile, and
(g) the right to testify at the hearing, if the juvenile wants to testify.
(2) At the probation violation hearing, the Michigan Rules of Evidence do not apply, other than those with respect to privileges. There is no right to a jury.
(3) If it is alleged that the juvenile violated probation by having been found, pursuant to MCR 3.941 [governing pleas of admission or no contest in delinquency proceedings] or MCR 3.942 [governing trial in delinquency proceedings], to have committed an offense, the juvenile may then be found to have violated probation pursuant to this rule.”
1 “Instruments of restraint . . . may not be used on a juvenile during a court proceeding unless the court finds that the use of restraints is necessary due to one of the” factors set forth in MCR 3.906(A)(1)-(3). MCR 3.906(A). A determination that restraints are necessary must be made in compliance with MCR 3.906(B), and any use of restraints must comply with MCR 3.906(C). See Section 1.5 for more information on the use of restraints in juvenile proceedings.
2 Probation violation hearing and revocation requirements are similar in designated and automatic waiver proceedings. See Chapter 16, Part E, for discussion of probation violations in automatic waiver proceedings.
3 See Chapter 11 for a discussion of probation violation procedures in cases involving juvenile dispositions.