Appeal from Recorder's Court of Detroit, Joseph E. Maher, J.
V. J. Brennan, P. J., and Bashara and R. M. Maher, JJ.
1. -- Probation -- Revocation Hearing -- Evidence.
The standard of proof required in a probation revocation hearing is that the violation of a condition of probation need only be shown by a preponderance of the evidence because a probation revocation hearing is not a part of a criminal prosecution and, thus, the state need not provide the full panoply of rights due a criminal defendant.
2. -- Probation -- Revocation Hearing -- Evidence -- Standard of Proof -- Escape.
The standard of proof to be applied at a probation revocation hearing is that violation of a condition of probation need only be shown by a preponderance of the evidence whether the probation violation charged is deemed a criminal offense or the failure to fulfill a condition of the probation order; thus, where a defendant was ordered to serve six months of his probation period in the Detroit House of Correction and left that penal institution without permission after 30 days, the defendant's conduct, be it dubbed a criminal escape, or a failure to fulfill the condition of six months in the Detroit House of Correction, is to be Judged by the preponderance of the evidence standard.
3. -- Probation -- Revocation Hearing -- Review of Finding -- Evidence.
The sole question on review of a finding of violation of probation is whether the trial Judge could find by a preponderance of the evidence that the probation order had been violated.
4. -- Probation -- Revocation -- Admission of Violation.
A Judge could clearly determine that a prosecutor had proven his charge and that there were verified facts to support a revocation of probation where the order of probation required the defendant to spend six months in the Detroit House of Correction and the defendant, in the presence of counsel, admitted having left the Detroit House of Correction without permission before the six months were up.
5. -- Probation -- Conditions of Probation -- Payment of Money -- Invidious Distinction Against Poor.
A probation condition of payment of money does not constitute an invidious distinction against the poor provided that the condition of repayment is imposed only on those who are able to pay.
6. -- Probation -- Restitution -- Nonpayment.
Nonpayment of restitution cannot be grounds for revocation of probation if the ...