Appeal from Recorder's Court of Detroit, Joseph A. Gillis, J.
Leave to appeal denied, 396 Mich 850.
Danhof, P. J., and McGregor and N. J. Kaufman, JJ.
1. -- Probation -- Probation Revocation -- Hearing -- Constitutional Law -- Due Process.
The due process requirements of a probation revocation hearing are (1) written notice of the claimed violations of probation; (2) disclosure to the probationer of evidence against him; (3) opportunity to be heard in person and to present witnesses and documentary evidence; (4) the right to confront and cross-examine adverse witnesses; (5) a neutral and detached hearing body; and (6) a written statement by the factfinders as to the evidence relied on and the reasons for revoking probation.
2. -- Probation -- Probation Revocation -- Hearing -- Constitutional Law -- Due Process.
A probation revocation proceeding need not consist of both a preliminary probable cause hearing and a final hearing to determine guilt; where one hearing, which satisfies procedural due process, is held soon after the defendant is given notice, the revocation hearing requirements are fulfilled.
3. -- Probation -- Probation Violation -- Hearing -- Notice -- Reasonable Notice -- Statutes.
The requirement of reasonable notice must be read into the statutory provision entitling a defendant charged with a violation of probation to a written copy of the charges against him and to a hearing thereon (MCLA 771.4; MSA 28.1134).
4. -- Probation -- Probation Revocation -- Hearing -- Notice -- Reasonable Notice.
A defendant was not given reasonable notice of a probation revocation hearing where the hearing was held only one day after the order of violation was dated; the defendant was not afforded sufficient time to retain counsel, gather witnesses, or otherwise prepare a defense.
5. Constitutional Law -- Probation -- Probation Revocation -- Hearing -- Right to Counsel -- Opportunity to Obtain Counsel -- Reasonable Opportunity.
A defendant is guaranteed the right to counsel at a probation revocation hearing which also involves sentencing, and this right entails affording the defendant a reasonable opportunity to obtain counsel of his own choosing; one day is not such a reasonable opportunity, and a trial court's refusal to allow a defendant time ...