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2. STATE OF MICHIGAN*

   1. 60th JUDICIAL DISTRICT
   2. 14th JUDICIAL CIRCUIT

   Select One
3. Probation Violation
   Arraignment Advice Of Rights
4. CASE NO.*
8. 1. You are accused of violating one or more of your probation conditions. You have the following basic rights:

   1. a. To receive written notice of the alleged probation viloation(s)
   2. b. To plead guilty or not guilty or to stand mute. If you stand mute, a plea of not guilty will be entered.
   3. c. To contest the charge(s)at a hearing
   4. d. To a lawyer's assistance at the hearing and at all subsequent court proceedings.

   Each of these rights apply to you.
10. 2. You have the right to a lawyer appointed at public expense if you want a lawyer and you are financially unable to retain one. 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. If you choose to proceed without an attorney, you will give up your right to a lawyer's assistance.
12. 3. 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 14 days after the arraignment 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.
14. 4. At a contested violation hearing:

    1. a. The evidence against you must be disclosed to you.
    2. b. You have the right to be present at the hearing, to present evidence, and to examine and cross-examine witnesses.
    3. c. The court may consider only evidence that is relevant to the violation alleged, but it need not apply the rules of evidence except those pertaining to privileges.
    4. d. The prosecuting attorney's burden of proving a violation is by a preponderance of the evidence.

    Each of these factors apply to you.
16. 5. If you plead guilty and your plea is accepted, you will give up the right to a contested hearing. The court will advise you of the maximum possible jail or prison sentence for the offense.
18. 6. 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.
20. 7. 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(E)(3)
24. Date*
    Date
26. Name*
27. Email Address
29. Address*
31. City*
32. State*
33. Zip Code*
35. Phone Number*
37. Electronic Signature Agreement*

    By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date.

    1. I agree.
39. Electronic Signature*
43. Note: If you require special 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.
45. MC 446 (6/19) PROBATION VIOLATION ARRAIGNMENT ADVICE OF RIGHTS MCR6.445(B), (C), (D), (E)
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